KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.36 OF 2010 IN SUIT NO.84 OF 2005 IN PETITION NO.270 OF 2004 Ignatius Simon D’souza .. Plaintiff V/s. Mr. Peter Jacinto Pereira & Ors. .. Defendants ---- Ms. Neha Choksi i/by L.J. Law for the plaintiff. Ms. Sapna Raichure i/by T.N. Tripathi for the defendants. ---- CORAM : R.S.MOHITE, J DATE : 2/7/2010 P. C.: 1 This is a Notice of Motion taken out by the original plaintiff for restoration of the suit which came to be dismissed on 9.1.2009 for non prosecution. Though the defendants are served, only defendant nos.30 & 31 appeared through an Advocate. Advocate for defendant nos.30 & 31 states that no sufficient cause is shown. However, in the interest of justice and for the reasons which are mentioned in the affidavit in support of the Notice of Motion and KJ 2 since other defendants have chosen not to appear though served, I am inclined to allow this Notice of Motion in terms of prayer clauses-(a) & (b) subject to payment of cost of Rs.2000/- which would be paid to defendant nos.30 & 31 since they have engaged an Advocate. The cost may be paid through an Advocate within a period of four weeks from today. Notice of Motion stands disposed off. (R.S.MOHITE,J.)