1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 46 OF 2010 IN TESTAMENTARY SUIT NO. 22 OF 2007 IN TESTAMENTARY PETITION NO.21 OF 2007 Sunil Shantaram Kadam ...Plaintiff/Petitioner Vs. Smt. Sandhya Shekhar Pavaskar ...Defendant/Caveator Mr. D.M. Tailor, Advocate for the Plaintiff/Petitioner Mr. A.V. Chatuphale, Advocate for the Defendant/Caveator CORAM : SMT. ROSHAN DALVI, J. DATED : 2ND JULY, 2010 P.C. : 1. The Testamentary Suit appears to have been on board initially on 17th June 2009 and thereafter on 18th November 2009. The Plaintiff claims that he does not know how the Suit appeared on board suddenly on 18th November 2009 when it came to be dismissed. 2. A noting in between these dates of 30th July 2009 shows that it was placed for directions. The Plaintiff’s Advocate appeared and since it was wrongly 2 on board it was removed therefrom. Consequently, the Plaintiff is required to be heard on merits in the interest of justice. 3. Notice of Motion is made absolute in terms of prayers (a) and (b). (SMT. ROSHAN DALVI, J.)