1 956.nms-2292-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2292 OF 2011 IN SUIT NO. 3191 OF 2006. Shri Charudatta Laxmanrao Shriyan. ..Plaintiff. vs. Smt. Prabha Arun Siddha & Ors. ..Defendants. .... Mr. S.V. Kadam, i/b. Kadam & Co., for Plaintiff. Mr. Zakir Ali, i/b. B.V. Mahadik, for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD AUGUST 2011. P.C. : Heard the learned Advocate appearing for the parties. This Notice of Motion is taken out for setting aside of the order dated 26th July 2011 passed by this Court [Coram : D.G. Karnik, J.] dismissing the Notice of Motion No. 3888 of 2006 for want of prosecution. 2. Perused the Affidavit in support of the Notice of Motion and heard the learned Advocate appearing for the Defendants. In my view, sufficient cause is shown by the Plaintiff for setting aside the order dated 26th July 2011 dismissing the Notice of Motion for non prosecution. Admittedly, the Defendants were also not present on 26th July 2011 when the Notice of Motion No. 3888 of 2006 was dismissed. 3. The Notice of Motion is allowed in terms of prayer clause (a). Ad-interim order dated 12th December 2006 also stands restored. Place the Notice of Motion No. 3888 of 2006 for hearing and final disposal on 24th August 2011. [ S.J. KATHAWALLA, J. ]