1(A)-Mrs. Murtle Gomes And ORS. v. Mrs. Simpson D'Souza

211. WP 470.95.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 470 OF 1995 1(a) Mrs. Mytrle Gomes and Ors.

... Petitioners.

V/s.

Mrs. Simpson D'souza.

... Respondent.

None for the Petitioners.

None for the Respondent.

CORAM : N.M. Jamdar, J.

17 February, 2017.

P.C. :- On 24 February 2011 following order was passed :- " 1. Learned counsel for the respondent states that the sole respondent has expired in the month of October 2010. Heirs of the sole respondent are not brought on record. It is necessary for the petitioners to bring the heirs of the respondent on record for pursuing the petition.

2. In the circumstances, the petitioners are directed to take necessary steps for bringing the heirs of the respondent on record within a week. If such steps are taken, issue notice to the proposed L.R's.

211. WP 470.95.doc Returnable 8 weeks thereafter. In the event steps are not taken within a week, the writ petition shall stand dismissed without further reference to the Court."

2.

Thereafter, it appears that a Civil Application No. 678 of 2011 was filed for bringing heirs of sole respondent which has been dismissed by order dated 26 July 2012. The matter came on board on 13 January 2017. None appeared for the parties. Even today, none appears. Since no steps have been taken to bring heirs of respondent on record, in view of order dated 24 February 2011, the Writ petition stands dismissed.

(N.M. Jamdar, J.)