1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 157 OF 2008 IN SUIT NO. 61 OF 2007 IN PETITION NO. 721 OF 2007 Vinod Amarchand Doshi. ... Deceased. Sohanraj P. Chhajed & Anr. ... Plaintiffs/Petitioners. V/s. Ms. Madhuri Gaurang Doshi. ... Defendant/Caveator. Mr. S.H. Karim for the Plaintiff. Ms. Madhuri Doshi, Caveatrix present-in person. CORAM : S.C. DHARMADHIKARI,J. DATED : 29th JULY 2009. P.C. :- Perused the Notice of Motion and the affidavit in support. There is no affidavit in reply. 2. Presently, I am only considering the request for restoration of Notice of Motion No.108 of 2007 which came to be dismissed in the absence of the Petitioner on 3rd April 2008. 3. In the affidavit in support in paragraphs 3 and 4 reason for not remaining present is set out. The Advocate has overlooked the matter and according to the Petitioner on account of the oversight and/or mistake on the part of his Advocate, the said Notice of Motion was dismissed in default. 2 4. Considering the fact that Mr. Karim, learned Counsel appearing for the Petitioner states that it was his lapse and the motion deserves to be granted, accordingly, Notice of Motion No.108 of 2007 stands restored to the file of this Court and to be heard on merits. The order dated 3rd April 2008 is set aside. Since it is the lapse of the Advocate, no order as to costs. 5. At the request of the Caveator, Notice of Motion No. 108 of 2007 to appear for hearing and final disposal on 26th August 2009. (S.C. DHARMADHIKARI,J.)