1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.176 of 2009 IN Testamentary Suit No.54 of 2002 IN Testamentary Petition No.466 of 2001 Smt. Lata B. Narvekar & anr. .. .. Plaintiffs v/s. Shri Avinash K. Kenkare & anr. .. .. Defendants Mr.Rajiv Hinger i/by L.H. Hingu for Plffs. Ms.Savina S. Bangera for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 1st April, 2010 P.C. : 1.The Plaintiffs failed to appear. The Testamentary Suit was dismissed on 25.4.2008. The reason that is given is that the Advocate did not inform and 1st Plaintiff was ill. 2.On the Plaintiffs paying costs of Rs.3,000/- to the Defendants within 4 weeks from today, the Notice of Motion is made absolute in terms of prayer (a). 3.The Suit shall be fixed for hearing, if the costs are paid on 5th July 2010. If not it shall remain dismissed. (SMT.ROSHAN DALVI, J.) 2