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Bombay High CourtMPT/49/2007disposed off

Joe Savio D'Souza And Daisay Savio D'Souza v. Ivy P. Sarrao

2016-07-18Hon'Ble Shri Justice G.S. Patel2 pages

15-MPT49-07.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 49 OF 2007 IN TESTAMENTARY PETITION NO. 222 OF 1998 WITH NOTICE OF MOTION (L) NO. 138 OF 2015 Joe Savio D'Souza & Daisy Savio D'Souza

...Petitioners

Versus

Ivy P. Sarrao

...Respondent

None for the Petitioners.

Mrs. A.S. Malvankar, for the Respondent.

CORAM: G.S. PATEL, J DATED:

18th July 2016 PC:- 1.

None for the Applicants/Petitioners.

2.

On 26th October 2015, I granted the Applicant one last indulgence to put forth the entirety of his case. He was allowed to file a further supplemental Affidavit. That was to be done on or before 17th November 2015. Mrs. Malvankar for the Respondent points out that no such Affidavit has ever been filed. 18th July 2016

15-MPT49-07.DOC 3.

The Miscellaneous Petition is dismissed for want of prosecution.

4.

Accordingly, the Notice of Motion does not survive and is disposed of.

5.

Neither the Notice of Motion nor the Miscellaneous Petition will be restored hereafter.

(G. S. PATEL, J.) 18th July 2016