1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.227 OF 2009 IN SUIT NO.3385 OF 2002 Smt.Malini Balaji Kamat Nee Malini A. Waravdekar Plaintiff versus Smt.Rekha G. Waravdekar and others Defendants Mr.Rajesh Jain i/by Legal Juris for plaintiff. None for the defendant. CORAM : S.J.KATHAWALLA, J. DATE : 3rd February 2011 PC : 1. Since the suit is filed in the year 2002 and the written statement is also filed by the defendants and further since a Notice of Motion seeking ad-interim/interim reliefs was filed by the plaintiff in the year 2002 and later withdrawn, no interim relief is granted in the present Notice of Motion. However, after hearing the learned advocate for the plaintiff, since the plaintiff as well as the defendants are senior citizens, I am of the view that the suit can be disposed of finally. Place the suit for framing of issues on 17th February 2011. 2. In the mean time, the office to issue notice to the defendant no.1 at the address shown in the plaint i.e. Flat No.302, 3rd Floor, Siddhi Vinayak, Off Turner Road, Bandra (W), Mumbai-400 050 informing her that the suit is placed for framing of issues on 17th February 2011 and if she fails to appear before this Court on the adjourned date or on any other date on which the matter is called out before this Court, the Court shall proceed 2 with the matter and pass appropriate orders in her absence. The advocate for the plaintiff shall also forward a copy of this order to the defendant no.1 at the aforestated address. The Notice of Motion is disposed of accordingly. (S.J.KATHAWALLA, J.)