FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO.105 OF 2008 IN SUIT NO.4541 OF 2000 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Prothonotary’s : orders. : -----------------------------------:------------------------------------- Mr.R.D.Suryawanshi for the plaintiffs. Mr.D.H.Mehta with V.Y.Sanglikar and Jayesh Vyas i/b Divya Shah & Associates for defendant nos.1, 3 and 4. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 9TH APRIL, 2008 DATED: 9TH APRIL, 2008 DATED: 9TH APRIL, 2008 P.C.: . Heard learned counsel for the parties. 2. The plaintiffs have taken out this notice of motion for setting aside the order dated 6.12.2007 passed by learned Prothonotary and Senior Master dismissing the suit for default. The notice of motion was taken out on 9th January, 2007. Having regard to the overall facts and circumstances of the case this motion is made absolute in ters of prayer clause (a) and (b) subject to payment of costs of Rs.3,000/- to be paid to the High Court Legal Services Committee within a period of one week from today. The notice of motion is disposed of. 3. At this stage learned counsel for the defendants, on instructions, submits that after dismissal of the suit, the defendants have created third party rights in the suit property. In view thereof it is open for the plaintiffs to file appropriate proceedings for appropriate reliefs, if they so desires. That being so the restoration of suit will not amount to restoration of the interim injunction, that was running before the dismissal of suit for default. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)