acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4206 OF 2008 IN SUIT NO. 3711 OF 1999 Vinod Ramchand Shahdapuri .... Plaintiff. V/s. Dhalumal Shahdapuri & Anr .... Defendants. --- Mr. N.R. Prajapati i/b D.A. Athavale, for the Plaintiff. Mr. Navin Parekh i/b Sunil D. Mogre, for Defendant no.3. CORAM : S.J. VAZIFDAR, J. DATED : 5TH AUGUST, 2009. P.C. :- 1. The Plaintiff had been prosecuting the matter for several years. It, however, appears that due to some inadvertence on the part of the Advocates, the matter was dismissed for non prosecution. 2. In the facts and circumstances of the case, I see no reason to let the Plaintiff suffer for the same. 3. The the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (b).