Bombay High Court
Mukesh Babulal Doshi vs Babulal Bachubhai Doshi @ Babubhai ... on 8 April, 2019
Author: A.K. Menon
Bench: A.K. Menon
rrpillai 7-nmt-81-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
NOTICE OF MOTION NO. 81 OF 2018
IN
TESTAMENTARY PETITION NO. 39 OF 2015
Mukesh Babulal Doshi .. Applicant
Vs.
Babulal Bachubhai Doshi @ .. Deceased
Babubhai Bachubhai Doshi
Mr. Mukesh Babulal Doshi for the Applicant /Petitioner.
None for the Respondent.
CORAM : A.K. MENON, J.
DATED : 8 th APRIL, 2019.
P.C. :
1. This matter is listed for dismissal today in view of the fact that none appeared on 2nd April, 2019. The applicant is present in person. The notice of motion seeks restoration of the petition which was dismissed on 9 th January 2017. There was delay of about 400 days. Today the applicant who is present in person states that his Advocate is unwell.
2. The Advocate has filed this Motion in February, 2018. On 5 th October, 2018 when the notice of motion was called before the Prothonotary and 1/2 ::: Uploaded on - 10/04/2019 ::: Downloaded on - 10/04/2019 22:37:56 ::: 7-nmt-81-2018.odt Senior Master none appeared. The matter was adjourned to 13 th December, 2018. Thereafter the matter is listed on 22 nd January, 2019 when none appeared for the applicant though the matter was called out twice. On 12 th February, 2019 once again the petitioner / applicant was present in person.
He submitted that his Advocate is unwell. The matter was then adjourned to 25th February, 2019 and when it was made clear that no further adjournments will be granted. Despite that the petitioners Advocate has not remained present on 2nd April, 2019. The petitioners Advocate were absent and hence the matter is listed for dismissal today.
3. In view of the fact that even today it is submitted that the petitioners Advocate is unwell, one last opportunity is granted. The matter will continue to be listed for dismissal on 15 th April, 2019. It is made clear that if the Advocate cannot appear on 15 th April, 2019 for personal reasons alternate arrangement will be made to proceed with the matter failing which there will be no option but dismiss the matter.
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