Extracted from the PDF above. The PDF is authoritative.
1/2 4 TS-60-2015.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 60 OF 2015 IN TESTAMENTARY PETITION NO. 1618 OF 2014
Nainali Prasad Chawathe … Plaintiff Vs. Milind Ashok Gore … Defendant _______ Mr. Rushikesh S. Kekane i/b Mr. S. C. Kekane for Defendants. _______
CORAM :
ARIF S. DOCTOR, J. DATE : 5 TH OCTOBER, 2026. P.C.
1. The matter was placed on Board for dismissal today, in the backdrop of the previous order dated 28 th September, 2026, which reads thus:
“1. Learned counsel for the Defendants has invited my attention to the order dated 18 th August 2026, which reads thus :
“1. Mr. Gandhi appearing for Petitioner submits that he is unable to contact the Petitioner.
2. Stand over to 25th August, 2026 (High on Board).”
2. Today, once again, none is present on behalf of the Plaintiff. However, the matter was circulated at the instance of the Defendants, it would not be proper to dismiss the matter today. Sairaj SAIRAJ SANJAY KARANDE Digitally signed by SAIRAJ SANJAY KARANDE Date: 2026.10.06 12:43:09 +0530
2/2 4 TS-60-2015.DOC
3. Stand over to 5 th October, 2026 under the caption
“For Dismissal”.
4. Let notice of the next date of hearing be served upon the Plaintiff.”
2.
Learned counsel appearing for Defendants in compliance of the previous
order, has today tendered an Affidavit of service dated 5 th October, 2026 by which he points out that Defendants have duly complied with the directions contained in the previous order.
3. Despite this, none had appeared on behalf of the Plaintiff today.
4. It is therefore, clear that Plaintiff is not desirous of prosecuting the captioned Testamentary Suit and therefore, Testamentary Suit and Testamentary Petition stand dismissed for want of prosecution.
5. Nothing survives for consideration in pending civil/interim applications, if any, and the same stand disposed of.
(ARIF S. DOCTOR, J.) Sairaj