Sanjay Krishnakant Kalgutkar And ANR v. Shekhar Krishnakant Kalgutkar And ANR

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32. NMT 227-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.227 OF 2017 IN TESTAMENTARY SUIT NO.187 OF 2015 IN TESTAMENTARY PETITION NO.1550 OF 2014 Mr. Sanjay Krishnakant Kalgutkar ...

Applicant In the matter between :

Sanjay Krishnakant Kalgutkar And Another ...

Plaintiffs

Versus

Shekhar Krishnakant Kalgutkar And Another ...

Respondents .....

Ms. Susmita Laware for Defendant No.1.

Mr. R.S. Raymond a/w P.A. Ayare i/b Raymond & Co. for Defendant No.2. .....

CORAM : S.C.GUPTE, J.

DATE : 6 NOVEMBER 2017 P.C. :

.

The present notice of motion is taken out by original Defendant No.2/Applicant seeking an order against Defendant No.1 to proceed exparte after dismissing caveat filed by Defendant No.1 for want of prosecution. It is the grievance of the Applicant that Defendant No.1 has refused to bear charges of the Court appointed commissioner for recording of evidence and is not co-operating in the matter. It is submitted that as a result, cross examination could not be completed. Learned Counsel for Defendant No.1 assures the Court that her client shall duly bear charges of

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32. NMT 227-17.doc the Court commissioner and co-operate in the matter. No order is, accordingly, necessary in the notice of motion and the same disposed of with directions to Defendant No.1 to bear charges of the commissioner and co-operate in the matter.

Time granted to the Court Commissioner for completing recording of evidence and submitting his report is extended by a period of four months. The suit to appear on board for directions after four months. (S.C. GUPTE, J.)