Ndm 1 nmt.71.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 71 OF 2009 IN SUIT NO. 51 OF 1990 IN TESTAMENTARY PETITION NO. 520 OF 1990 Kiran Vamanbhai Kapadia. ... PLAINTIFF Vs. Mahendra Bhagwandas Kapadia. ... CAVEATOR ------------------------ Mr.Deepak Deshmuikh i/b M/s. K.P. Tiwari and Company, Advocate for Plaintiff. ------------------------ CORAM : ANOOP V. MOHTA, J DATE : 01st September, 2009. P.C. 1 The plaintiff’s suit was dismissed on 07.01.2008 as the plaintiff failed to take out steps in spite of knowledge of death of Defendant No.1. As avered, the Chamber Summons to that effect was affirmed on 10.12.2007. The Plaintiff could not try because settlement talks were going on between the parties. 2 The appeal against the said order was dismissed in January, 2009 permitting the Plaintiff to take out appropriate steps and proceedings, therefore, this Notice of Motion. Ndm 2 nmt.71.09.sxw 3 Considering the averments made and in the interest of justice, I am inclined to grant this Motion in terms of prayer clauses (a) and (b). However, this is subject to costs of Rs.5,000/- to be paid within two weeks. The Liberty is granted to the Plaintiff to take out appropriate proceedings also. The Motion is allowed accordingly. No costs. [ ANOOP V. MOHTA, J ]