1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.123 OF 2008 IN TESTAMENTARY SUIT NO.41 OF 2006 IN TESTAMENTARY PETITION NO.283 OF 1991 Romeo Anacleto D’Souza .. Petitioner/plaintiff Versus Edgar Havelock D’Souza .. Caveator/defendant. None for plaintiff/petitioner Mrs.Severine Volado for Caveator. CORAM : S.C.DHARMADHIKARI, J. DATE : 5th August 2009. P.C.: 1] The Board remark shows that the notice is duly served. Perused the notice of motion and affidavit in support so also affidavit in reply and for the reasons set out therein, the notice of motion is allowed in terms of prayer clause (a). Accordingly, the order dismissing Notice of Motion dated 12th June 2008 is set aside. 2] Notice of Motion No.18 of 2008 stands restored to file of this Court for dismissal on merits and in accordance with law. No costs. (S.C.DHARMADHIKARI, J)