: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.873 OF 2009 OF MOTION NO.873 OF 2009 OF MOTION NO.873 OF 2009 IN IN IN SUIT SUIT SUIT NO.783 OF 1989 NO.783 OF 1989 NO.783 OF 1989 Anthony Patrick Lewis ...Plaintiff V/s. Avrita Gauri & Ors. ...Defendants None for the Plaintiff. Ms.S.P. Trivedi i/b. A. Barat & Co. for Defendant Nos.1 and 3 in support of the Notice of Motion. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 12TH MARCH, 2009. : 12TH MARCH, 2009. : 12TH MARCH, 2009. P.C.: P.C.: P.C.: 1. The Defendant Nos.1 and 3 took out this Notice of Motion seeking permission to file written statement. In 1998, the original Defendant died and the present Defendants were brought on record thereafter. The Defendant No.1 is Defendant No.3’s maternal aunt. The Defendant No.3 is minor and stays in USA. The Defendant Nos.1 and 3 did not file written statement in time and the suit was shown under caption "for ex-parte decree". But, thereafter, the Defendant Nos.1 and 3 sought time to file written statement. Although on 9-1-2009 these Defendants tried to file the written statement across : 2 : the Bar before taking out this Notice of Motion, the Plaintiff’s Advocate opposed such move. But today despite service of Notice of Motion, the Plaintiff’s Advocate is absent. So I presume that the Plaintiff has no serious objection to the Defendant Nos.1 and 3’s written statement going on record. The written statement of Defendant Nos.1 and 3 is taken on record. 2. The Notice of Motion is made absolute in terms of prayer clauses (a) and (b). 3. The Notice of Motion stands disposed of accordingly. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]