1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.707 OF 2007 IN SUIT NO.277 OF 1993 Tafazil Hussein Haji Rasulkhan & Anr. .. Plaintiffs -versus Nizamuddin Abdul Aziz Khan & Ors. .. Defendants Ms. Eventa A Gonsalves for the plaintiffs. None for defendants. CORAM: R. G. KETKAR, J. DATED: 25th September, 2009. P.C. 1 The plaintiffs have taken out this Notice of Motion for setting aside the order dated 19th January, 2007 passed by this court (D.G.Karnik, J.) dismissing the suit under Order IX rule 3 of the Code of Civil Procedure, 1908. 2 In support of this Motion, the plaintiffs have made affidavit of plaintiff No.1 Tafazil Hussein Haji Rasulkhan. The plaintiffs have also filed affidavit of service. As far as the defendant No.1 is concerned, he accepted the service of 2 Motion on 4th June, 2009. As far as defendant No.2 is concerned, the postal remarks indicate that “intimation posted on 26/2/ 2007”. 3 Heard learned counsel for the plaintiffs. Considering the averements made in paragraph No. 4 and 5 of the affidavit in support of Motion, in the interest of justice suit is restored to file. Hence, the following order: 4 Notice of Motion is made absolute in terms of prayer clause (a) with no orders as to costs. (R.G. KETKAR, J)