Smt.Sangitadevi Shyamji Mishra v. Shyamshankaar Shripat Mishra

nms 1699 of 2015 (903).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1699 OF 2015 IN SUIT NO.4439 OF 1999 Smt. Sangitadevi Shyamji Mishra ...

Applicant/Plaintiff versus Shyamshankar Shripat Mishra ...

Defendant Mr. Aditya Pratap, for Plaintiff.

Mr. Y.R.Mishra, for Defendant.

CORAM: S.J. KATHAWALLA, J.

DATE: 5 th DECEMBER, 2015 P.C.:

1.

The Suit is dismissed on 08-01-2008. The Notice of Motion seeking restoration of the Suit is taken out on 30-09-2015. Though, the Plaintiff and Defendant are related and the Plaintiff is aware that the Defendant has passed away about two years back, the Plaintiff has not bothered to inform the Court about the same.

2.

The Notice of Motion is admittedly not directed against the hiers of the deceased Defendant. In view thereof, the Notice of Motion is disposed of as withdrawn with liberty to the Plaintiff to file a fresh Notice of Motion seeking necessary reliefs. The above Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 1/1