KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1202 OF 2010 IN SUIT NO.422 OF 2003 Smt.Brinda Jitendra Shah .. Plaintiff Vs. Smt.Usharani Verma .. Defendant ---- Snehal Shah i/by Viraj maniar & Ass. for the plaintiff. Mr.R.M.Bhandari for the defendant. ---- CORAM : R.S.MOHITE, J DATE : 3/8/2010 P. C.: 1 Affidavit in reply is taken on record since it is served on the other side. This is a Notice of Motion taken out for setting aside an order dated 4.12.2007 passed by the Commissioner for taking accounts dismissing the suit under rule-87 of the High Court (O.S) Rules. On perusal of rule-87, it is seen that this power is delegated to the Prothonotary and Senior Master. This aspect of the matter is not dealt with in the reply. In my view, for the reasons which are mentioned in the affidavit in support, Notice of Motion deserves to be allowed. Notice of Motion is therefore, allowed in terms of prayer clauses-(a) and (b). Prothonotary and Senior KJ 2 Master however, will have a liberty to proceed in accordance with rule 87 of the High Court (O.S.) Rules. Notice of Motion stands disposed off. (R.S.MOHITE,J.)