In a testamentary suit filed for dismissal, the plaintiff failed to appear despite the matter being captioned for disposal. The court dismissed the suit and petition for default with liberty.
Suit and petition dismissed for default with liberty.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY & INTESTATE JURISDICTION
TESTAMENTARY SUIT NO.19 OF 1990 IN TESTAMENTARY PETITION NO.533 OF 1988
Jennette E. D’souza
...Plaintiff.
Vs.
R.A.D’souza & anr., Mrs.Sylvia J.Meyers (since decde.) B. Mayers & ors.
...Defendants.
Mr.Milind Shewale i/b. Ghanekar & Co. for the Plaintiff. Mr.O.S.Pereira for Defendants 1A to 1E.
Ms.Agnes D’souza on behalf of defendant in person.
CORAM :- ANOOP V. MOHTA, J. DATED :- 18th August, 2009.
P.C.-
1 None appeared for the plaintiff since long. Mr.Milind Shewale, Advocate, makes statement that the papers have already been handed since long back by completing the formalities.
2 The matter is under the caption “for dismissal” today as per order dated 21.07.2009. None appears again.
3 The Suit, as well as, the Petition stand dismissed for default with liberty.
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
