1 NMT 2.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISIDCTION NOTICE OF MOTION NO. 2 OF 2011 IN SUIT NO. 66 OF 2006 IN PETITION NO. 520 OF 2006 Chandrabhaga Jayant Dangle. ... Deceased. Vijay Pandit Ahire. ... Plaintiff. V/s. Hiraman Laxman Kedare. ... Defendant. Mr. D.R. Mishra for the Plaintiff. Mr. B.G. Saraf for the Defendant. CORAM : R.Y. GANOO, J. DATED : 10th MARCH 2011. P.C. :- By this Motion, the Plaintiff wants restoration of the Suit which was dismissed by order dated 2nd September 2009. the Defendant has not filed affidavit in reply. 2. Heard learned Counsels on both sides. The explanation mentioned in the affidavit in support as to why the Plaintiff could not take out the Motion for restoration prior to December 2010 is in-adequate. However, looking to the fact that the Plaintiff solely relied upon the Advocate and was kept in dark about the progress of the Suit, he could not remain 2 NMT 2.11.sxw present at the adjourned date and the Suit came to be dismissed for want of prosecution. In my view, the Plaintiff can be put to terms by imposing costs for seeking restoration of the Suit. Costs of Rs.4,500/- would meet the ends of justice. 3. Hence, following order is passed to dispose of the Notice of Motion :- (i) Motion is made absolute in terms of prayer clause (a). (ii) The Plaintiff to pay to the Defendant costs of Rs. 4,500/-. Costs to be paid on or before 15th April 2011. 4. Suit adjourned to 25th April 2011 for framing of issues. Connected Suit No. 7 of 2011 in Testamentary Petition No. 901 of 2006 be also shown on Board alongwith this Suit for framing of issues on 25th April 2011. (R.Y. GANOO, J.)