Sonu Bhiva Velip Rep. Poa Arjun Sonu Velip v. Chimut Babu Velip

WP 614 of 2024 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.614 OF 2024 SONU BHIVA VELIP REP. POA ARJUN SONU VELIP ... PETITIONER

Versus

CHIMUT BABU VELIP ... RESPONDENT Mr. Shailesh Redkar with Ms. Namrata Gaonkar, Advocates for the Petitioner.

Mr. A. D. Bhobe with Ms. Ashwini Bandekar, Advocates for the Respondent.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 29th August, 2024 P.C.:

1. Heard Mr. Redkar, learned Counsel for the Petitioner and Mr. Bhobe, learned Counsel for the Respondent.

2. The present petition is filed challenging the impugned order dated 22.07.2024 passed on Exhibit 75 wherein the learned Trial Court rejected the application filed by the Petitioner for allowing him to examine his son as Power of Attorney. After hearing for some time, Mr. Redkar would submit that Petitioner/Defendant will file an Affidavit in Evidence and apply to the Trial Court for recording cross examination of the Defendant by appointing a Commissioner since, the 29th August, 2024

WP 614 of 2024 Petitioner is 88 years old and is suffering from Cancer.

3. Mr. Bhobe, learned Counsel for the Respondent would submit that he is ready and willing to cross examine the Defendant on Commission.

4. In view of the above statement, the Petition could be disposed of by allowing Petitioner to file an Affidavit in Evidence and an application before the learned Trial Court for appointment of the Commissioner to cross-examine the said Defendant.

5. Mr. Bhobe submits that he will give no objection to such application and will conduct cross- examination of the Defendant on Commission.

6. With these observations, the petition stands disposed of. BHARAT P. DESHPANDE, J.

29th August, 2024