Rita Mary D'Mello v. 1. Doris D'Silva And ORS.

27-MPT102-11.DOC agk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 102 OF 2011 IN TESTAMENTARY PETITION NO. 814 OF 1985 WITH CHAMBER SUMMONS NO. 132 OF 2014 John Joseph D'Mello & Ors.

...Applicants In the matter between Rita Mary D'Mello

...Petitioner

Versus

Doris D'Silva & Others

...Respondents

Ms. Harshada Kamble, i/b M/s. Pradip Shukla & Co., for the Applicants.

Mr. Abhijeet Singh, i/b Mr.

A.R. Mishra, for Respondents Nos. 1 & 3 to 7.

CORAM: G.S. PATEL, J DATED:

19th January 2015 PC:- 1.

Learned Advocate for the Applicants states that by the end of November 2014, the Applicants had instructed their Advocates to take a discharge. An e-mail dated 29th November 2014 is taken on

27-MPT102-11.DOC record and marked "X" for identification. Advocates for the Applicants are discharged with immediate effect. 2.

Chamber Summons No. 132 of 2014 is by the Applicants to be brought on record as heirs and legal representatives of the original Petitioner, who is said to have passed away. There is an admitted delay of at least 204 days in filing the application. 3.

This is a Petition for revocation of a probate granted to the 1st Respondent on 5th May 1993. The revocation Petitioner, Rita Mary D'Mello, has passed away. The Applicants are absent. 4.

In that view of the matter, Chamber Summons No. 132 of 2014 is dismissed. Consequently, Miscellaneous Petition No. 102 of 2011 is also dismissed. There will be no order as to costs. (G. S. PATEL, J.)