KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1427 OF 2010 IN SUIT NO.1047 OF 1980 Smt. Laila w/o I. A. Bharucha & Ors. .. Plaintiffs Vs. Nirmala Kantilal Shah & Anr. .. Defendants ---- Mr.R. S. Ghadge i/by N. Kothari for the plaintiffs. Ms.Aparna Murlidharan i/by P. G.Lad for defendant no.1. Mr.D.W.Bhosale for the defendant no.2. ---- CORAM : R.S.MOHITE, J DATE : 21/7/2010 P. C.: 1 This is a Notice of Motion taken out by the original plaintiffs for restoration of the interim relief which was granted on 26.3.1990 and thereafter continued after hearing both sides during the pendency and disposal of the suit. It is seen that suit came to be dismissed for non prosecution on 31.3.2010. An application for restoration was immediately moved and suit was restored within 3 weeks on 20.4.2010. It is also seen that while disposing the suit, liberty was granted to take out a fresh application for grant of KJ 2 interim relief. In such circumstances, present Notice of Motion was filed which was served upon the respondents on 22.6.2010. No reply has been filed. On behalf of the Advocate appearing for the defendants, time is sought. I am not inclined to grant time in the fact situation of the present case. When the suit is restored normally, the interim relief should continue. In the circumstances, Notice of Motion is made absolute in terms of prayer clauses-(a) (b) & (c) subject to payment of cost of Rs.2000/- each, which will be payable to the defendant nos.1 & 2. Cost will be paid to the defendants through their Advocate within a period of two weeks from today. Notice of Motion stands disposed off. (R.S.MOHITE,J.)