IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION NO.4570 OF 2007 IN SUIT NO.288 OF 1997.

Laltaprasad Ramnihor Tiwari. ... Plaintiff.

versus

Shri Rajbali Ramnihor Tiwari, (since deceased) 1(a) Mr. Jardaprasad Ramnihor Tiwari. ... Defendant.

Mr. S.Joseph for plaintiff. Mr.B. Shroff i/b. Vipul Jain for defendant no.1 in support of n/m.

CORAM : D.G. KARNIK, J. DATE : 9 th June, 2008.

P.C.

Heard. This notice of motion is taken out by the defendant for condonation of delay of 2 months and 2 days in filing of written statement.

2. No affidavit-in-reply has been filed by the plaintiff denying the averments made in the affidavit in support of the notice of motion. Hence, for the reasons mentioned in para nos. 3 & 4 of the notice of motion, the notice of motion is allowed in terms of prayer clause (a) and the delay is condoned. The defendant is permitted to file written statement within 2 weeks hereof.

(D.G. KARNIK, J.)