1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 125 OF 2010 IN TESTAMENTARY SUIT NO. 17 OF 1998 IN PETITION NO. 928 OF 1997 Dushyant K. Parekh & anr. ........Plaintiffs/Petitioners versus Nirupama Shashiklant Chhatrawala & anr.....Defendants/caveators. Ms. Purnima G. Bhatia for the Plaintiffs/petitioners Ms. Dipti Panda i/b Zohair & Co. for the Defendants/caveators. CORAM: MRS. ROSHAN DALVI, J. DATED : 15TH November, 2010. P.C.: 1. The suit has been dismissed on 8-12-2009 for want of appearance of the Plaintiffs and their advocates. The advocate is stated to have expired on 4th June 2008. I am told that the suit reached hearing on three occasions after which it was dismissed. The Plaintiffs have come to know of this fact much later. The suit deserves to be heard on merits. 2. Nevertheless the delay of the plaintiffs is to be compensated. On the Plaintiffs paying costs of Rs. 3000/- to the defendants within two weeks from today, the ex-parte order dated 8-12-2009 shall be set aside and the suit is restored to file. If costs is not paid the suit shall stand dismissed. (ROSHAN DALVI, J.) 2