1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 885 OF 2006 IN NOTICE OF MOTION NO. 2213 OF 2005 IN SUIT NO. 246 OF 1977. Nalini Ramakant Jadhav. ..Plaintiff. vs. Manorama Widow of Madhavrao Jagtap & Ors. ..Defendants. .... Ms. B.P. Jhakadi, for Plaintiff. Mr. Uday M. Jagtap, Defendant No.2, present in person. .... CORAM : S.J. KATHAWALLA, J. DATE : 7TH DECEMBER 2010. P.C. By this Notice of Motion, the Plaintiff has prayed for condonation of delay of 17 days in filing Notice of Motion No. 2213 of 2005 in Suit No. 246 of 1977. The Notice of Motion No. 2213 of 2005 is taken out for setting aside the order dated 9th June 2005 dismissing the Suit No. 246 of 1977 for default. 2. The Defendant No.1 has expired. Defendant No.2 is present in person. He states that Defendant Nos. 3 and 4 are his sisters who are not interested in the Suit property and have till date not come forward to oppose the Suit. He further states that he has no objection if the delay is condoned. 3. In view thereof, the delay in taking out the Notice of 2 Motion is condoned. The Notice of Motion No. 885 of 2006 is accordingly, disposed of. 4. A copy of this order shall be forthwith forwarded by the Advocate for the Plaintiff by Registered Post A.D. to Defendant Nos. 3 and 4 at the address provided by the Defendant No.2. [ S.J. KATHAWALLA, J. ]