mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 83 OF 2009 IN TESTAMENTARY SUIT NO. 45 OF 1989 IN TESTAMENTARY PETITION NO.99 OF 1989 Sister M. Herlinde ...Plaintiff Vs. Mr. Michael Lopez ...Defendant Mr.Clement Lobo, Advocate for the Plaintiff None for the Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 6TH SEPTEMBER, 2010 P.C. : 1. A Probate Petition has been filed since 1989 and converted into the suit upon the Caveat of the Defendant. The Defendant is stated to be the nephew. 2. The suit proceeded to hearing. Evidence of the Plaintiff and his witness came to be recorded. The suit was thereafter dismissed on 3rd December 2007 for non-prosecution. This Notice of Motion is taken out in July 2009. The docket of the Notice of Motion shows that it was sought to be taken out in April 2009. Since 11th August 2009 it has been sought to be served, but not served. On 11th August 2009 it was kept on board for dismissal on 18th August 2009. On 18th August 2009 service by all possible modes was permitted. Thereafter, the Notice of Motion was adjourned on 1st December 2009, 2nd February 2010, 2nd March 2010 and 11th June 2010. Time to serve Notice of Motion has been extended and Plaintiff has been given from time to time adjournments to serve. 3. The Notice of Motion yet not served. 4. The Notice of Motion is dismissed for want of service and for want of its prosecution. (SMT. ROSHAN DALVI, J.)