ssm sm sm 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. 4600 OF 2007 OF MOTION NO. 4600 OF 2007 OF MOTION NO. 4600 OF 2007 IN IN IN APPEAL APPEAL APPEAL NO.1490 OF 1999 NO.1490 OF 1999 NO.1490 OF 1999 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.3281 OF 1997 OF MOTION NO.3281 OF 1997 OF MOTION NO.3281 OF 1997 IN IN IN SUIT SUIT SUIT NO.3988 OF 1997 NO.3988 OF 1997 NO.3988 OF 1997 Mrs.Sushila Dhirendra Sheth & Ors. ...Appellants. Versus Anand Trust through D.V.Sheth & Ors. ...Respondents. Mr.R.S.Apte i/by Mr.Girish Paryani for the Appellants. Mr.Yadunath Chaudhari for Respondent Nos. 1,3,4,5 and 9. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 22ND AUGUST, 2008 : 22ND AUGUST, 2008 : 22ND AUGUST, 2008. P.C. P.C. P.C. . Heard the learned counsel appearing for both the sides. 2. This Notice of Motion is filed for setting aside the order passed on 24th September, 2007, whereby the Appeal was dismissed for default. For the reasons stated in the affidavit in support of Notice of Motion, the Notice of Motion is made absolute in terms of prayer clause (a) only, however, subject to ( 2 ) costs of Rs.1,500/- (Rupees one thousand five hundred only) to be paid to the Maharashtra State Legal Services Authority, Bombay within a period of two weeks. Clause (a) of the Notice of Motion reads thus:- "(a) That this Hon’ble Court be pleased to set aside order dated 24/09/2007 dismissing the Appeal No.1490 of 1999 and be pleased to restore the Appeal No.1490 of 1999 on the file of this Hon’ble Court and the Order dated 24th January, 2000, be restored and kept alive till the Appeal is finally heard and decided on merits." 3. The Notice of Motion is disposed of accordingly. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)