1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 834 OF 2009 IN APPEAL (L) NO. 35 OF 2009 IN TESTAMENTARY PETITION NO. 494 OF 2006 IN TESTAMENTARY SUIT NO. 5 OF 2007 Dr. Mrs. Dhun Kaikhushroo Sorabjee Mody and Another .. Appellants Vs Izadyas Rohinton Irani .. Respondent Mr. Sorabjee Modi, Appellant No. 2 and C.A of Appellant No. 1 - in Person Mr. Vasant B. Dhawan for the respondent CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. DATE : 1st February, 2010 P.C.: 1. Heard Mr. Modi, the applicant no. 2 – a party in person. Mr. Dhawan appears for the respondent. 2. The Appeal (Lodging) No. 35 of 2009 has been filed beyond time by 38 days. We have perused the affidavit in support of the Motion. The Respondent has not filed affidavit opposing the Motion. 4a.nma834-09 2 3. The Motion is made absolute in terms of prayer clause (a). [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 4a.nma834-09