IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.2438 OF 2004 OF MOTION NO.2438 OF 2004 OF MOTION NO.2438 OF 2004 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.2481 OF 2002 SUIT NO.2481 OF 2002 SUIT NO.2481 OF 2002 Saraswati Omkar Pande ...Plaintiff Vs. Prabhunarayan Parasnath Pande & Anr....Defendants ----- Mr.D.H.Mehta, Adv. i/b. Mr. Satish Kamat Adv. for Plaintiff CORAM: CORAM: CORAM: D.G. DESHPANDE,J. D.G. DESHPANDE,J. D.G. DESHPANDE,J. DATED: DATED: DATED: 15TH SEPTEMBER, 2004 15TH SEPTEMBER, 2004 15TH SEPTEMBER, 2004 P.C. P.C. P.C. . Heard learned Advocate for the Plaintiff. This motion is served upon the Defendants, as per the affidavit dated 14th September, 2004, by substituted service. Pursuant to the Chamber Order dated 13th September, 2004. The Plaintiff is the sister of the Defendant. She has filed a suit for setting aside the Consent Terms on the ground of fraud in obtaining Probate by the Defendant in respect of the ancestral property. . In the circumstances only prayer clause (d) is pressed and the same is granted. The Notice of Motion is disposed of with liberty to the Plaintiff to take another motion for other reliefs if any. (D.G.DESHPANDE) (D.G.DESHPANDE) (D.G.DESHPANDE) JUDGE JUDGE JUDGE