Rahul Prabhakar Musale v. Suvarna Rahul Musale Through Her Poa Ms. Sangita S. Inamdar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.97 OF 2015 IN WRIT PETITION NO.6514 OF 2014 Rahul Prabhakar Musale ...

Applicant V/s.

Suvarna Rahul Musale Through her Power of Attorney Ms.Sangita S. Inamdar.

...

Respondent Mr.Mandar Soman, for the Applicant/Petitioner. Mr.Abhijit D. Sarwate, for the Respondent.

CORAM :

REVATI MOHITE DERE, J.

DATED :

20th FEBRUARY, 2015.

P.C.

1.

Heard learned counsel for the applicant and learned counsel for the respondent.

2.

By this application, filed in the aforesaid disposed of writ petition no.6514 of 2014, the applicant seeks additional time of two hours to cross examine the respondent - original petitioner in the writ petition. 3.

Learned Counsel for the applicant submitted that vide order dated

2/3 8th October, 2014, this Court on a petition preferred by the respondent herein had allowed the applicant to appoint a Commissioner for recording the evidence of the respondent. Accordingly, as per clause (iv) of the said order, the Commissioner was directed to record the cross-examination of the respondent herein, for a maximum of 8 hours which may spread over, not more than six working days and was to be recorded till 18th November, 2014, as per the convenience of the Commissioner. The charges of the Commissioner including the expenses of video conferencing were to be borne by the respondent.

4.

Learned Counsel for the applicant submits that the respondent - wife was cross-examined for 7 1⁄2 hours. He submitted that he intends to cross examine the respondent - wife for an additional two hours. 5.

Learned Counsel for the respondent - wife has no objection to the said prayer, provided the applicant bears the costs of the Commissioner as well as the video conferencing charges. Accordingly, I pass the following order :-

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ORDER

i) The applicant is granted additional time of two hours to cross examine the respondent - wife ;

ii) The charges of the Court Commissioner and video conferencing will be borne by the applicant - husband ;

iii) Time for cross-examining the respondent - wife is extended upto 31st March, 2015.

6.

The Application is allowed and disposed of in above terms. 7.

Parties to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)