1 NMT 12.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISIDCTION NOTICE OF MOTION NO. 12 OF 2011 IN SUIT NO. 14 OF 2010 IN PETITION NO. 448 OF 2008 Shashipal Shankar & Ors. ... Plaintiff. V/s. Shirin Cawasji Vazifdar & Anr. ... Defendant. Nilesh Modi and Harshal Manik i/b. M/s. Rustomji & Ginwala for the Plaintiff. Ms. Jeroo Charda, C.A. of Defendant No.1. None for Defendant No.2. CORAM : R.Y. GANOO, J. DATED : 10th MARCH 2011. P.C. :- Affidavit of service is filed. Defendant No.2 is absent though served. The C.A. of Defendant No.1 has no objection for grant of this Notice of Motion. 2. Heard learned Counsel Mr. Modi for the Plaintiff. The Notice of Motion can be granted on the basis of what is stated in the affidavit in support of the Notice of Motion. 3. Hence, following order is passed to dispose of the Notice of Motion :- 2 NMT 12.11.sxw (i) The Notice of Motion is made absolute in terms of prayer clause (a). There shall be no order as to costs. (ii) Office to act on the basis of authenticated copy of this order. 3. Suit (Lodg.) No. 3173 of 2010 be also tagged alognwith Testamentary Suit No. 14 of 2010. Both these Suits to come up as per normal procedure. (R.Y. GANOO, J.)