Noshir Kaikhushru Engineer And ANR v. Kumar Subramaniyan And ORS

Neeta Sawant 26-WP-18810-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18810 OF 2024 Noshir Kaikhushru Engineer and anr.

....Petitioners : Versus :

Kumar Subramaniyan and ors.

....Respondents _____________ Mr. Karl Tamboly with Mr. Shrey Fattepekar, Ms. Anuja Jhunjuhnwala and Mr, hrsh tadani i/b M Mulla Asociates, for the Petitioners. Mr. Rubin Vakil, Mr. Rishil Vimadalal (through V.C.) with Mr. Manish Doshi and Ms. Heena Thalesar i/b Vimadalal & Co., for the Respondent No.3. _____________ CORAM :

SANDEEP V. MARNE, J.

Dated :

19 DECEMBER 2024.

P.C. :

1) Heard Mr. Tamboly the learned counsel appearing for the Petitioner. Issue notice to Respondent Nos.1 and 2 returnable on 13 January 2025. In addition to court notice, Petitioner to serve Respondent Nos.1 and 2 through private notice and file affidavit of service.

2) Considering the fact that P.W.1 is aged 94 years, primafacie, this Court is of the view that his deposition needs to be recorded through Court Commissioner. In that view of the matter, the Trial Court is requested to adjourn the proceedings till the next date of hearing. List the petition on 13 January 2025. Digitally signed by NEETA SHAILESH SAWANT Date:

2024.12.21 12:41:45 +0530 [SANDEEP V. MARNE, J.] NEETA SHAILESH SAWANT Page No.

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