1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 87 of 2009 in Testamentary Suit No.87 of 2000 in Testamentary Petition No.312 of 2000 1 Jehangir Ardeshir Rabad ..Plaintiff vs. Ms.Tehmi Nariman Mukadum ..Defendant Mrs.Geeta Mulekar for plaintiff None for defendant. CORAM: S.J.KATHAWALLA J. 18th July, 2009 P.C. 1 Heard the learned Advocate appearing for the plaintiff. The notice of motion is taken out for restoration of testamentary suit no. 87 of 2000 which was dismissed by an order of this Court dated 3rd July, 2009. The learned Advocate appearing for the plaintiff states that she could not remain present on 2nd July and 3rd July 2009 because her name was incorrectly spelt on the board. None 2 appears for the defendant despite being served with the Notice of Motion. The defendant was not present even when the orders dated 2nd July and 3rd July 2009 were passed by this Court. In view thereof, Notice of Motion is made absolute in terms of prayer clauses (a) and (b) with no order as to costs. Plaintiff to forward a copy of this order to the Advocate for the defendant at the earliest. 3 Place the suit for arguments on 30th July, 2009. (S.J.KATHAWALLA J.)