The High Court of Bombay, Testamentary and Intestate Jurisdiction, quashed the order of the previous Court Commissioner. A new Commissioner was appointed to resume recording evidence.
Quashing of previous order; appointment of new Court Commissioner; direction to complete cross-examination.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
nmt240-17.doc
sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
NOTICE OF MOTION NO.240 OF 2017 IN TESTAMENTARY SUIT NO.26 OF 2012 IN TESTAMENTARY PETITION NO.1002 OF 2011 WITH TESTAMENTARY SUIT NO.26 OF 2012 IN TESTAMENTARY PETITION NO.1002 OF 2011
Avinash Vinayak Kulkarni
...Plaintiff
vs
Rekha Chandrashekhar Joshi & Anr. ….Caveatrixes
Mr. B. G. Saraf, for the Plaintiff.
Mr. Nachiket D. Jaywant, for Defendants/Applicants in NMT/240/2017.
CORAM : S.C. GUPTE, J.
DATED: 2 NOVEMBER, 2017
P.C. :
. The order passed by the Court Commissioner for recording of evidence on 21 June 2017 is quashed and set aside. Mr. Sunil Rathod, Advocate, is appointed as a Court Commissioner in place and stead of the existing Court Commissioner and the Commissioner is directed to record further cross-examination of PW2. The Commissioner shall compete recording of cross-examination and submit his report within a period of four weeks from today. The Testamentary Suit to appear for directions on 4 December 2017. The Notice of Motion is disposed of accordingly.
( S.C. GUPTE, J. )
Pg 1 of 1
1 issue framed by the court
Whether the previous order appointing a Court Commissioner for recording evidence requires quashing and replacement of the Commissioner.
Avinash Vinayak Kulkarni
Rekha Chandrashekhar Joshi
S.C. GUPTE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
