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Bombay High CourtTS/102/2010disposed off

Geeta Deepak Kanekar v. Ashok Kashinath Gadde

2017-08-28Hon'Ble Shri Justice Rajesh G. Ketkar1 pages

TS102_10.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.102 OF 2010 IN PETITION NO.102 OF 2009 Kashinath Sadashiv Gudde ...

Deceased Geeta Deepak Kanekar ...

Plaintiff / Petitioner Vs.

Ashok Kashinath Gudde ...

Caveator Mr. Yatin Malvankar i/b. Mr. Mandar Limaye for Plaintiff. Mr. G. S. Hiranandani for Caveator.

CORAM : R. G. KETKAR, J.

DATE :

AUGUST 28, 2017 P.C. :

Heard Mr. Malvankar, learned Counsel for the plaintiff and Mr. Hiranandani, learned Counsel for caveator. 2.

Perused the order dated 08.08.2017. In that order, it was noted that defendant No.1 expired on 06.05.2016 and the said fact was intimated to the plaintiff's Advocate on 03.10.2016 and till date no steps were taken by the plaintiff. It was further noted that despite writing several letters to the plaintiff, no response is given to the plaintiff's Advocate. Mr. Malvankar, therefore, sought two weeks time for taking appropriate steps and the matter was accordingly adjourned till today. Even till date, no steps are taken qua defendant No.1 who expired on 06.05.2016. In view thereof, Suit stands abated qua defendant No.1. Office to proceed further.

(R. G. KETKAR, J.) Minal Parab 1/1