1 AO-598-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 598 OF 2011 WITH CIVIL APPLICATION NO. 822 OF 2011 IN NOTICE OF MOTION NO. 1623 OF 2009 N SHORT CAUSE SUIT NO. 4489 OF 2001 Smt. Shindu Diwakar Gondane ... Appellant (Orig. plaintiff) vs. Shri Suresh Soma Rathod & Anr. ... Respondents (Orig. defendants) Shri T.R.Yadav, i/b. Mr. K.K.Pandey,Advocate for the appellant. None for the respondents CORAM: J.H.BHATIA,J. DATE : 11th July, 2011. P.C. 1. heard the learned Counsel for the appellant. 2. The plaintiff had filed Suit No.4489 of 2001 for possession of certain premises against the defendants, who are the alleged trespassers. The suit was dismissed in default on 28.6.2005. For restoration of the suit, a Notice of Motion was taken out on 2.8.2005. That Notice of Motion was dismissed in default on 2 AO-598-11.sxw 19.10.2007. For restoration of that Notice of Motion, second Notice of Motion No.1623/2009 was taken out on 1.6.2009. That Notice of Motion was dismissed on the ground that the plaintiff had not filed any application for condonation of delay in taking out that Notice of Motion for restoration of the earlier Notice of Motion. Apparently, there was delay of 18 to 19 months and no application was moved for condonation of delay. Therefore, it is impossible to find any fault with dismissal of the second Notice of Motion. 3. Therefore, there is no substance in the present Appeal. The Appeal and the Application stand dismissed. (J.H.BHATIA,J.)