:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1956 OF 2004 NOTICE OF MOTION NO. 1956 OF 2004 NOTICE OF MOTION NO. 1956 OF 2004 IN IN IN NOTICE OF MOTION NO. 2427 OF 2002 NOTICE OF MOTION NO. 2427 OF 2002 NOTICE OF MOTION NO. 2427 OF 2002 IN IN IN SUIT NO. 2978 OF 2002 SUIT NO. 2978 OF 2002 SUIT NO. 2978 OF 2002 Marie Joseph Naronha & Ors. ..Plaintiffs versus Lt. Col. Marcellin Noronha & 6 ors. ..Defendants Ms. S. Debabarman for the Plaintiffs. Mr. Shailesh for Defendant No.1. Mr. Gaikwad for the Defendant No.7 - BMC. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 7TH DECEMBER,2004. DATE : 7TH DECEMBER,2004. DATE : 7TH DECEMBER,2004. P.C. : P.C. : P.C. : . Heard Advocate for the Plaintiffs, Defendant No.1 and Defendant No. 7 - BMC. This notice of motion is filed for restoration of Notice of Motion No. 2427 of 2002 which was dismissed on 22.6.2004. Defendant No.1 is the main contesting defendant. Advocate for the plaintiffs state that other defendants have been served. In view of these :2: facts, Order of dismissal dated 22.6.2004 is set aside and Notice of Motion No. 2427 of 2002 is restored to file. It should come up for hearing on 13.1.2005. Defendant No.1 is permitted to file additional affidavit. Notice of Motion No. 1956 of 2004 stands disposed of accordingly. ****