Bombay High Court
SMT. SHASHIKALA W/O. SRIRAM SHETTY AND OTHERSversusSHRI JAGANNATH H. SHETTY (DECEASED) AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
Holding
The Court accepted the joint pursis timelines, ordered the appointment of a Court Commissioner for cross‑examination, and disposed of the appeals.
Summary
The Bombay High Court, hearing appeals from orders dated 406/2024 and 633/2025, noted a prior direction that the trial be completed within six months. The parties submitted a joint pursis outlining detailed timelines for examination of witnesses, totaling twelve months for all parties. The Court accepted these timelines as a binding undertaking and, to expedite cross‑examination, directed the appointment of a mutually agreed Court Commissioner. The parties were instructed to file a joint application for the Commissioner’s appointment at the next hearing on 30 July 2026. Consequently, the Court disposed of both appeals and any pending applications.
Issues considered
- Whether the joint pursis timelines for examination of witnesses can be accepted as a binding undertaking.
- Whether a Court Commissioner may be appointed to record cross‑examination to ensure adherence to the timelines.
- Whether the appeals from orders 406/2024 and 633/2025 should be disposed of on the basis of the parties' agreement.
Subjects
- case management
- evidence timelines
- Court Commissioner
- civil appellate jurisdiction
- procedural order
- joint pursis
Judgment
2026:BHC-AS:28247
901 AO-406-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 406 OF 2024
Shashikala w/o. Shiram Shetty and Others ...Appellants
Versus
Shri Jagannath H. Shetty (Deceased) and Others ...Respondents
WITH
APPEAL FROM ORDER NO. 633 OF 2025
——————
Mr. Siddharth Wakankar, Ms. Dhanashree Bhate for Appellant.
Manvi Sharma, Mr. Harshad Sathe for Appellant in AO No. 633 of 2024
and for Respondent No. 2 in AO No. 406 of 2024.
Mr. Abhijit Khade i/b S. P. Dighe for Respondent Nos. 3 to 5.
Mr. Omkar Kulkarni for Respondent No. 6 in AO NO. 406 of 2024.
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : 10th July, 2026
P. C. :
1. By order of 3rd July, 2026, this Court noted that there was a
direction to the Trial Court by order of 1st April, 2024 to dispose of the
suit within a period of six months and accordingly, the trial has
commenced before the Trial Court. This Court was therefore, of
opinion that the parties can be directed to submit the timelines within
which the evidence will be completed.
2. Accordingly, joint pursis has been submitted on behalf of the
parties. The pursis states that the Plaintiff will be examining nine
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901 AO-406-2024.doc
witnesses and the approximate time for conclusion of evidence of the
Plaintiff’s witnesses including the cross-examination is four months.
3. Insofar as the Defendant No. 2 is concerned, six witnesses will be
examined and the approximate time for concluding the evidence of
Defendant No. 2’s witnesses including cross-examination will be three
months. The Defendant Nos. 3 to 5 propose to examine four witnesses
and timeframe for concluding the evidence of Defendant Nos. 3 to 5’s
witnesses including the cross-examination is three months.
4. The Defendant No. 6 propose to examine two witnesses and
time frame given is one month including the cross-examination. Insofar
as Defendant No. 7 is concerned, the Defendant No. 7 is supporting the
Plaintiff and he proposes to examine two witnesses within time frame
of one month.
5. The timelines given in the joint pursis is accepted as undertaking
given to this Court. It is expected that the parties would strictly adhere
to the time frame unless the timelines is extended for reasons beyond
the control of the parties.
6. In view of the timeline given, evidence of all the parties would be
completed within the period of 12 months. The evidence of Plaintiff
No. 1’s witness has commenced.
7. In order to save the judicial time, for recording of cross-
examination, the parties propose that the cross-examination be
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901 AO-406-2024.doc
recorded through the Court Commissioner. I am of the view that the
Court Commissioner can be appointed so that the timelines can be
better adhered.
8. The parties to submit a joint application to the Trial Court for
appointment of mutually agreed Court Commissioner on the next date
of hearing which is scheduled on 30th July, 2026. The Trial Court to
appoint the said Court Commissioner for recording of evidence. In view
of the consensus recorded as above, the Appeal from Order No. 406 of
2024 and Appeal from Order No. 633 of 2025 stand disposed of.
9. In view of above, nothing survives for consideration in pending
Applications, if any, and the same stand disposed of.
[SHARMILA U. DESHMUKH, J.]
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