IN THE HIGH COURT OF JUDICATURE AT BOMBAY Testamentary and Intestate Jurisdiction Notice of Motion No. 41 of 2008 in Petition No.931 of 2007 Petition for probate of the Will in respect of properties and credit of Shri Arjan Narshi Ravat ..Deceased. Dr.Hasmukh Kababhai Ravat ..Petitioner vs. Mr.Rajen Kababhai Ravat ..Respondent Mr.S.S.Lanke for petitioner Mr.B.G.Saraf for respondent. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 11th April, 2008 11th April, 2008 11th April, 2008 P.C. P.C. P.C. 1. This notice of motion is for restoration of Notice of Motion No.124 of 2007. The Notice of Motion No.124 of 2007 in this testamentary petition was dismissed for default on 15th February, 2008. 2. In the affidavit in support it has been contended that when the Notice of Motion was appearing on board the petitioner could not remain present. The petitioner is a doctor and was busy in operation. The circumstances in which the motion is taken out are set out in the affidavit in support. 3. The application for restoration is opposed by the respondent and it is stated that the cause shown is not genuine in as much as the petitioner was not present but the respondent and his Advocate were present when the matter was called out. 4. In my view, considering the contents of the affidavit in support sufficient cause is shown for non appearance of the petitioner on 15th February, 2008. For the reasons set out in the affidavit in support which do not suffer from lack of bonafides nor the petitioner appears to be negligent in conduct of the proceeding, this is a fit case for restoration of notice of motion no.124 of 2007. Hence, notice of motion no.41 of 2008 is made absolute in terms of prayer clause (a). Notice of Motion No.124 of 2007 is restored to file. No order as to costs. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)