1 APPEAL(L).766.2011(901).sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION APPEAL (L)NO. 766 OF 2011 IN NOTICE OF MOTION NO.3151 OF 2011 IN SUIT NO.293 OF 2008 Farooq Abdulla Merchant ...Appellant (Orig.Defendant No.3) Vs. Mohamed Abdulla Ebrahim ...Respondent (Orig. Plaintiff) Ms. Sumedha Rao for Appellant Mr. G.B. Kedia for Respondent CORAM : MOHIT S. SHAH, C.J. AND MRS. ROSHAN DALVI, J. Date : 22 NOVEMBER 2011. P.C. 1. This Appeal is filed against the order dated 19 October 2011 of the learned trial Judge of this Court dismissing the Notice of Motion of the Appellant herein (Defendant No.3) for dismissing the suit filed by Respondent No.1 herein on the ground that Memon Co-operative Bank Ltd., is not joined as party Defendant in the suit. 2. The learned trial Judge has given cogent reasons for not accepting the submissions of Defendant No.3 and for dismissing the Notice of Motion, after recording the Plaintiff’s case that the mortgage has been redeemed. 3. We agree with the reasoning and conclusion of the trial Judge and find no 2 APPEAL(L).766.2011(901).sxw reason to interfere with the impugned order. 4. The learned Counsel for the original Plaintiff submits that since the Plaintiff has already filed the affidavit and the Commissioner is to be appointed for recording evidence, the trial may be expedited. 5. Having regard to the age of Defendant No.1 who is 85 years old, the learned trial Judge is requested to expedite the trial. The learned Judge is requested to appoint Court Commissioner and consider admissibility of documents of the parties at the next hearing of the suit. The parties are directed to appear before the Commissioner for recording their cross examination as directed by the learned Judge and thereafter by the Commissioner preferably day to day without applying for adjournments. 6. The Appeal is accordingly dismissed with the above directions. CHIEF JUSTICE ROSHAN DALVI, J.