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.3799 OF 2006 OF MOTION NO.3799 OF 2006 OF MOTION NO.3799 OF 2006 IN IN IN SUIT SUIT SUIT NO.1811 OF 1994 NO.1811 OF 1994 NO.1811 OF 1994 Mr. Mohammed Hussein Merchant ....Plaintiffs. vs. Smt. Suhasini Vithoba Navalkar and Ors. ....Defendants. Mr. Sanjay Jain i/by.Ranjit & Co. for the plaintiffs to show cause. Mr.R.S. Dias for defendant nos.2,6 and 7. CORAM: CORAM: CORAM: S.J. VAZIFDAR, J. S.J. VAZIFDAR, J. S.J. VAZIFDAR, J. NOVEMBER NOVEMBER NOVEMBER 13, 2006. 13, 2006. 13, 2006. P.C. P.C. P.C. : : : 1. The Notice of Motion is filed to set aside an ex-parte order dated 16.08.2004. By the said order, the suit was directed to be placed for ex-parte decree on 25.08.2004. The matter was also directed to be listed under the caption ‘Un-defended Suits’. It appears that thereafter the matter appeared on board on above 20 occasions. Even today there is no application for filing a written statement. 2. The Notice of Motion is therefore unsustainable and not maintainable. In the circumstances, Notice of Motion is dismissed. sd/- (S.J.VAZIFDAR, J)