1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.12 OF 2009 IN TESTAMENTARY SUIT NO.15 OF 2005 Sheila H. Nagpal & Anr. .. Petitioners Versus Sherry M. Nagpal & Ors. .. Respondents Ms.M.Singh for petitioner/ plaintiff Ms.Bhalekar i/b. Bilawala & Co. for respondents/ defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 27th February 2009. P.C. . This is a notice of motion for restoration. Defendant’s Advocate seeks time for filing reply. 2. It is stated in the affidavit in support of this motion that the matter had appeared before this Court in November and December 2007 and on this date, although, plaintiffs appeared, 2 the order erroneously shows that they were absent. 3. Be that as it may. The matter was dismissed by me on 21st November 2008. Learned Advocate appearing for plaintiff has assured the Court that the plaintiff would now take all steps for proceeding with the suit. Plaintiffs’ Advocate states that on the next date when the matter is posted for framing of issues, she would remain present with draft issues. Considering the statement made on oath in the affidavit in support and the assurance given by the plaintiff’s Advocate today, delay in taking out the present notice of motion is condoned. Motion is made absolute in terms of prayer clauses (a) to (c). 4. However, plaintiffs to pay cost quantified at Rs.2500/- to defendants’ Advocate within two weeks from today. 3 (S.C.Dharmadhikari, J)