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Bombay High CourtNMT/125/2016dismissed

Devki Mulchand Gupta v. Shri Mulchand Gupta Alias Mulchand Pancham Gupta (Deceased)

2016-07-04Hon'Ble Shri Justice G.S. Patel2 pages

30-NMT-125-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.125 OF 2016 IN NOTICE OF MOTION NO.80 OF 2016 IN TESTAMENTARY PETITION NO.81 OF 2015 Devki Mulchand Gupta

...Petitioner /

Applicant.

None, for the parties.

CORAM: G.S. PATEL, J DATED:

4th July 2016 PC:- 1.

The Petition was dismissed for default on 25th April 2016. That was an order of the Court. I noted that the Applicant was not present despite the matter being called out twice, the second time after it was kept back. A notice of it being kept back was circulated on the electronic indicator.

2.

Then the Petitioner filed this Notice of Motion for restoration.

4 July 2016

30-NMT-125-2016.DOC 3.

Even today none appears for the Applicant. This cannot be allowed to go on. The same negligent conduct again and again is unacceptable.

4.

This Notice of Motion too is dismissed with no order as to costs.

(G. S. PATEL, J.) 4 July 2016