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Bombay High CourtIA/4426/2025dismissed

Prabhavati Ambalal Patel v. Ambalal Maganlal Patel (Since Deceased)And ORS.

2026-01-06Hon'Ble Shri Justice Abhay Ahuja2 pages

30-S-8-1996.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 8 OF 1996 AMBALAL MAGANLAL PATEL AND OTHERS )...PLAINTIFFS V/s.

MRS.CAROL ROQUE LOBO AND OTHERS )...DEFENDANTS WITH INTERIM APPLICATION NO. 4426 OF 2025 IN SUIT NO. 8 OF 1996 None for the Plaintiffs.

None for the Defendants.

CORAM

:

ABHAY AHUJA, J.

DATE :

6th JANUARY 2026 P.C. :

1.

None for the Plaintiffs.

2.

On 11th November 2025 also none had appeared for the Plaintiffs nor for the Applicant and the following order was passed : "1. None for the Plaintiffs, nor for the Applicant.

2. On 25th August, 2025, the following order was passed:- "Interim Application No. 4426 of 2025

1. Ms. Shah, learned Counsel appears for the Plaintiffs and submits that service has been effected and this Court may direct the Registry to accept the affidavit of service. Registry to accept the affidavit of service.

ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

2026.01.06 17:46:35 +0530 avk 1/2

30-S-8-1996.doc

2. Ms. Shah also submits that the Defendant No. 4(a) has also passed away on 22nd January, 2023 and that her firm has just received the information by a letter dated 7th August, 2025 received on 13th August, 2025 and that some time be granted to take out an appropriate application to bring the legal heirs of the deceased Defendant on record.

3. At her request, list on 11th November, 2025."

3. It does not appear that any application to bring the legal heirs of the deceased Defendants has been taken out.

4. List on 3rd December, 2025.

5. It is made clear that if none appears for the Plaintiffs or the Interim Applicant, this Court will not only dismiss the Suit but also the Interim Application."

3.

As can be seen, it was made clear in paragraph 5 of the order that if none appears for the Plaintiffs or the Interim Applicant, this Court will not only dismiss the Suit but also the Interim Application. 4.

Since none appears for the Plaintiffs or the Interim Applicant, the Suit and the Interim Application are dismissed. (ABHAY AHUJA, J.) avk 2/2