1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3810 OF 2008 IN SUIT NO.1046 OF 1984 Jivanmal Righmalji Mehta .. Plaintiff Versus Babulal Khimji Shah .. Defendant WITH NOTICE OF MOTION NO.3811 OF 2008 IN SUIT NO.1045 OF 1984 Savantraj Kewarlchandji Mehta .. Plaintiff Versus Babulal Khimji Shah .. Defendant Mr.Chetan Kapadia with Mr.Sanjay Kotak with Ms.Bharati Bhagwat i/b. Parimal K. Shroff and Co. for defendants Mr.Kirit Modi i/b. Haridas & Co. for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : 17th November 2008 P.C. . These motions are taken out for condonation of delay of nearly 8813 days in 2 filing written statement. 2. It is contended by Mr.Kapadia that the plaintiffs had moved an application for interim relief, at which stage itself, it was informed that the property had changed hands but the plaintiffs have not taken any steps. That apart, defendant is a senior citizen and could not give instructions to file written statement on time. Consequently, it is delayed. 3. Mr.Modi appearing for plaintiffs states that there is no explanation for the delay of 24 years in filing written statement. The explanation if at all in para 4, does not deal with the delay of all these years. He states that several opportunities were given to the defendants to file their W.S. but they have not availed of the same. In these circumstances, these motions lack bonafides and, therefore, they should be dismissed. 3 4. Having perused the motions and the affidavits in support and in facts peculiar to this case, the delay in filing the written statement is condoned, provided the defendant pays cost quantified at Rs.5000/- each in these suits which shall be paid to the plaintiffs’ Advocate or the plaintiffs within two weeks from today. If costs are paid and proof tendered, written statement shall be taken on record and the matter will appear on board for framing issues after four weeks. If no compliance is made with the above, both the motions to stand dismissed without any further reference to the Court. (S.C.Dharmadhikari, J)