:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.955 OF 2008 WITH CIVIL APPLICATION NO.1156 OF 2008 Smt.Hajrabai d/o Haroon Mistry & w/o Abdulla Hasham .. Appellant. Vs. Smt.Sarabai w/o Haji Ismail & d/o Haroon Haroon Mistry & Ors. .. Respondents. Mr.A.J.Rizvi for the appellant. Mr.Sachin Joshi for respondent nos.3 to 11. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 23RD JANUARY, 2009. DATED : 23RD JANUARY, 2009. DATED : 23RD JANUARY, 2009. P.C.: P.C.: P.C.: . Heard learned counsel for the appellant and learned counsel for respondent nos.3 to 11. The other respondents are not present, though served. 2. This appeal from order is directed against an order dated 6.8.2008 by which a notice of motion filed by the appellant has been dismissed. The notice of motion was filed mainly for the following reliefs: "(a) To condone the delay of 6 years and 5 months in taking out this notice of motion. (b) To set aside the order of dismissal of the suit dated 13/09/2000 and to restore the suit." :2: :2: :2: 3. The appellant was defendant no.2 in the suit No.8293 of 1989. The said suit was dismissed for default on 13.9.2000. The plaintiff in 2005 took out Notice of Motion No.3123 of 2005 seeking restoration of the suit to file. The said notice of motion came to be dismissed vide order dated 3.4.2006. The plaintiff carried the order of the city civil court dated 3.4.2006 in appeal from order No.376 of 2000. That appeal from order also came to be dismissed on 19.6.2006. She did not carry the matter further. There is no dispute that appellant - defendant no.2 was also heard when the notice of motion No.3123 of 2005 and appeal from order no.376 of 2006 were disposed of by the city civil court and this court respectively. Thereafter the appellant took out notice of motion No.2751 of 2006 on 15.7.2006 for transposing her as a plaintiff in the suit. That notice of motion came to be rejected by the city civil court vide order dated 19.8.2006. That order was carried in appeal vide writ petition No.7743 of 2006 which also came to be dismissed on 21.1.2007. Thereafter present notice of motion (Notice of Motion No.545 of 2007) was filed by the appellant seeking aforementioned reliefs. In view of the aforementioned developments, in my opinion, the appellants are not entitled for the reliefs as prayed :3: :3: :3: in the notice of motion. I have perused the impugned order. The city civil court has rightly dismissed the notice of motion and for the reasons recorded in the order no interference is called for by this court in the instant appeal from order. The appeal is dismissed. 4. Consequently, the civil application is also disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)