1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.939 OF 2009 IN SUIT NO. 2516 OF 2006 Mrs.Maragatham B. Rajan & Anr. ...Plaintiffs. Vs. V. Natarajan ...Defendant. Mr. Kunal Damale for the Plaintiffs. None for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATED :- 8TH JULY, 2009. P.C.- 1 By order dated 26th February, 2008 the suit was dismissed for default on the ground that nothing on record to show that the Defendant was served or not. Apart from that, none appeared on behalf of the Plaintiffs on that day. Therefore, this Notice of Motion. 2 Considering the averments made in paragraph No.4 and as the Plaintiff has already served the Defendant, before the dismissal of the suit itself and as the dispute is between the family members and therefore, in the interest of justice, I am inclined to grant this Notice of Motion in terms of prayer clauses (a) and (b). However, this is subject to the costs of 2 Rs.5,000/- (Rupees five thousand only) to be paid to the Defendant on or before 22nd July, 2009. 2. Notice of Motion No. 939 of 2009 is disposed of accordingly. 2. In view of this, the Suit along with Notice of Motion No. 3016 of 2006 are restored to file accordingly. (ANOOP V. MOHTA, J.)