Bhupendra Muljibhai Shah. v. 1. Kirit Prabhudas Mehta And ANR.

1/2 3.TS-47-2008.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.47 OF 2008 IN TESTAMENTARY PETITION NO.792 OF 2007 Bhupendra Muljibhai Shah ....Plaintiff Vs.

Kirit Prabhudas Mehta and Anr.

....Defendants WITH TESTAMENTARY SUIT NO.58 OF 2008 IN TESTAMENTARY PETITION NO.956 OF 2007 Kirit Prabhudas Mehta and Anr.

....Plaintiffs Vs.

Bhupendra Muljibhai Shah ....Defendant ---- None for the plaintiff in TS/47/2008 and for the defendant in TS/58/2008. Ms. Sucheta Joshi-Dongre i/b. Mr. Pankaj Thatte for the plaintiff no.2 in TS/58/2008.

---- CORAM : K.R.SHRIRAM, J.

DATE : 3rd MARCH, 2017 P.C.:

TESTAMENTARY SUIT NO.58 OF 2008 Ms. Joshi-Dongre, counsel instructed by Mr. Pankaj Thatte states that they will file Vakalatnama on behalf of plaintiff no.2 within one week from today. Statement accepted.

Matter be listed for directions on 24th March, 2017. TESTAMENTARY SUIT NO.47 OF 2008 The service report filed by the registry on 18th February, 2017 Gauri Gaekwad

2/2 3.TS-47-2008.doc states that the plaintiff - Bhupendra Muljibhai Shah has been served a copy of the order dated 31st January, 2017 on 8th February, 2017. Nobody is present for the plaintiff today. Ms. Joshi-Dongre, on instructions states that her instructions are that Bhupendra Muljibhai Shah has expired on 1st October, 2011.

Therefore, since nobody has come forward to step into the shoes of the plaintiff - Bhupendra Muljibhai Shah, the suit stands abated and accordingly stands disposed.

(K.R. SHRIRAM, J.) Gauri Gaekwad