IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2731 OF 1986 Maganbhai N.Savani ..Plaintiff Vs. Devki Chitra & Anr. ..Defendants Mr.Kalpesh Nansi i/b Malvi Ranchoddas and Co. for the plaintiff Ms.Lata Bhacani i/b I.R.Joshi and Co. for the defendants CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 16TH FEBRUARY, 2006 DATED : 16TH FEBRUARY, 2006 DATED : 16TH FEBRUARY, 2006 P.C.: 1. The learned counsel for the plaintiff states that he has no instruction to prosecute the suit. Suit is dismissed for non prosecution. 2. The learned counsel for the defendants states that in view of dismissal of suit, amount deposited by the defendants in summary suit at the stage of summons for judgment by order dt.18.1.88 be refunded. Accordingly, office of the Prothonotary and Senior Master, High Court, Mumbai is directed to refund the amount deposited alongwith accrued interest to the defendants.