-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTIION NO. 1432 OF 2009 IN SUIT NO. 288 OF 2008. Meena Abidullah Khan. ..Plaintiff. Versus Matiullah A. Khan and Anr. ..Defendants. Mr. S. P. Peerzade i/b Munir Merchant for the plaintiff. Mr. Vaibhav Wavikar i/b M. M. Malar for the defendant no.1. Coram : R. V. MORE, J. Date : January 28, 2010. P. C. : 1. This notice of motion is taken out by the defendant no.1 for grant of permission to file written statement by setting aside the order dated 29th January 2009, transferring the above suit to the list of "undefended suits". For the reasons stated in the affidavit-in-support of notice of motion, t he notice of motion is allowed in terms of payer clause (a). The defendant no.1 is granted leave to file the written statement, however, subject to payment of cost of Rs.1500/- (Rs. One thousand and five hundred only) to be paid to the plaintiff within the period of two weeks from today. Defendant no.1 shall file Written statement within the period of two weeks from today. Upon filing written statement by the defendant no.1, the suit shall stand transferred to the list of “long causes suits”. Office to place the suit for framing of issues in due course. (R.V. MORE, J.)