Ujjwala Mhatre v. Phyllis Fernandes And 2 ORS.

nma.240.18.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIGINAL SIDE NOTICE OF MOTION NO.240 OF 2018 IN APPEAL (ST) NO.395 OF 2017 Mrs. Ujjwala Mhatre ... Applicant In the matter between Mrs. Ujjwala Mhatre ... Appellant Vs.

Mrs. Phyllis Fernandez (deceased) and Ors.

... Respondents Mr. Siddharth Chandrashekhar i/b. Mr. Suresh Chandrashekhar for the Appellant.

CORAM :

A.S.OKA AND M.S. SONAK, JJ.

Digitally signed by Pallavi Mahendra Wargaonkar Date:

2018.10.12 14:39:52 +0530 Pallavi Mahendra Wargaonkar DATE :

9th OCTOBER 2018.

P.C. :

After the order was passed by this Court, the matter was mentioned by the learned counsel appearing for the applicant. Therefore, the order passed earlier is recalled. The order dated 10th September 2018 records that the third respondent who is the contesting party is no more. The learned counsel appearing for the applicant submits that the Advocate for the third respondent has not furnished the names of the legal representatives of the third respondent. As the applicant has not taken steps to bring on record the legal representatives of the third respondent, the notice of motion does not survive and the same is disposed of.

(M.S. SONAK, J.) (A.S.OKA, J.)