1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3198 OF 2009 IN SUIT NO.1797 OF 2003 Smt.Shardabai Y. Sonawane & Anr. .. Plaintiffs versus Meenakshi K. Sonawane & Ors. .. Defendants Mr.V.V.Yadav for the plaintiffs. CORAM : A.S.OKA, J. DATE : 1st December 2009. P.C: . Heard learned counsel appearing for the plaintiffs. He states that this notice of motion has been duly served to the defendants. The prayer in the notice of motion is for setting aside the order dated 11th December 2007 passed by the Prothonotary and Senior Master, High Court, Mumbai of dismissing the suit. In view of averments made in the affidavit in support, a case for restoration is made out. 2. The second prayer is for restoration of notice of motion and for restoration of ad-interim relief. As a result of dismissal of the suit on 11th December 2007, from that date, ad-interim relief was not operating in favour of the plaintiffs. Therefore, the ad-interim relief cannot be restored. However, liberty will have to be granted to the plaintiffs to take out fresh notice of 2 motion for grant of appropriate interim relief. 3. Hence, I pass the following order: : O R D E R : (a) Notice of motion is made absolute in terms of prayer clause (a). (b) The prayer clause (b) is rejected. However, it will be open for the plaintiffs to take out a fresh notice of motion for grant of appropriate interim relief. If such notice of motion is taken out, the same will be considered on its own merits. (A.S.OKA,J)