:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.3762 OF 2007 OF MOTION NO.3762 OF 2007 OF MOTION NO.3762 OF 2007 IN IN IN SUIT SUIT SUIT NO.818 OF 2005 NO.818 OF 2005 NO.818 OF 2005 Haseena Khatun, w/o Aziz Ahmed ..PLAINTIFF V/s Asrar (Israr) Ahmed Mumtaz Ahmed And others ..DEFENDANTS. Mr.Harish Pawar for the plaintiff CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 9TH JANUARY, 2008 : 9TH JANUARY, 2008 : 9TH JANUARY, 2008 P.C. 1. This notice of motion has been taken out by the plaintiff to condone the delay and to set aside the order of dismissal/rejection dated 2nd March,2005 passed by the Prothonotory and Sr. Master and to restore the suit. 2. In the affidavit in support of notice of motion the plaintiff has stated that she is 74 years old and that she has three sons and she had appointed them to look after and manage the affairs of the suit property and to file the present suit. However, after filing the suit there was serious dispute between her three sons with regard to the rights and :2: share over the property. Therefore, none of her sons has taken care of the proceedings of the present suit and it was only in July, 2007, she learnt about the order dated 2nd March, 2005. 3. Sufficient cause has been made out in the affidavit in support of the notice of Motion for restoration of suit. The notice of motion is thus made absolute in terms of prayer clause (a) and (b) subject to the costs of Rs. 1000/- to be paid by the plaintiff within four weeks to the High Court Legal Services Committee. The plaintiff to remove office objections within six weeks. It is made clear that if the objections are not removed within six weeks the suit to stand dismissed without further reference to the Court. 4. The Notice of Motion is disposed of accordingly. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)