1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 29 OF 2009 IN TESTAMENTARY SUIT NO.49 OF 1999 IN TESTAMENTARY PETITION NO.26 OF 1999 D. R. Pawar ...Plaintiff. Vs. D.M. Gonsalves & anr. ...Defendants None for the Plaintiff. None for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 7th July, 2009. P.C.- 1 None appeared for the defendants again. 2 The petitioner/plaintiff has taken out this motion as by order dated 1.12.2008 for want of prosecution, the Court dismissed the Testamentary Suit as well as Testamentary Petition itself. 3 Considering the averments made and in the interest of justice, I am inclined to grant this motion. 4 The Notice of Motion is accordingly allowed in terms of prayer (a). (ANOOP V. MOHTA, J.)