1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3092 OF 2009 IN SUIT NO.92 OF 1982 Harikishan Vedprakash Agarwal & Anr. ..... Plaintiffs. V/s Mr. Burjor Rustum Joshi and Ors. .... Defendants. Mr. Girish Desai i/b R. Jhuriya for plaintiffs. Mr. V. Bodke i/b Chitnis & Vaithy for defendant Nos. 4 to 10. CORAM: V.M. KANADE, J. DATE : 14 th September, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiffs and the learned Counsel appearing on behalf of defendants. 2. By this Notice of Motion, plaintiffs are seeking ex parte decree in terms of prayer clauses (a), (b), (c), (d), (e) and (f) of the plaint in suit No. 92 of 1982 against defendant Nos. 2 1,2,3,4 and 7,8,9 since they have not filed their Written Statement and also ex parte decree in terms of prayer clauses (a), (b), (c), (d), (e) and (f) of the plaint in suit No.92 of 1982 for remaining 1/3 rd share of the suit property against defendant Nos. 5 and 6. 3. Counsel for defendants submits that he has already filed Written Statement. However, the person who has filed Written Statement has expired and he would like to file Written Statement on behalf of other defendants. In view of this, Notice of Motion does not survive and the same is disposed of. (V.M. KANADE, J.)