1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO.92 NO.92 NO.92 OF 1985 OF 1985 OF 1985 B.N.Mithal B.N.Mithal B.N.Mithal & anr & anr & anr ...... Plaintiff Plaintiff Plaintiffs vs vs vs Anil Anil Anil J.Mithal & ors J.Mithal & ors J.Mithal & ors ...... Defendants Defendants Defendants Ms.Payal Ms.Payal Ms.Payal Gandhi Gandhi Gandhi i.b Shah & Singhavi for i.b Shah & Singhavi for i.b Shah & Singhavi for Plaintiffs Plaintiffs Plaintiffs None None None for for for Defendants Defendants Defendants CORAM CORAM CORAM : A.S.OKA, J : A.S.OKA, J : A.S.OKA, J DATED DATED DATED : : : 30th July, 2007 30th July, 2007 30th July, 2007 P.C. P.C. P.C. 1.1.1. The learned counsel appearing for the The learned counsel appearing for the The learned counsel appearing for the plaintiffs plaintiffs plaintiffs states that the advocate on record for states that the advocate on record for states that the advocate on record for the the the plaintiffs have repeatedly written letters to plaintiffs have repeatedly written letters to plaintiffs have repeatedly written letters to the the the plaintiffs. It is stated that the plaintiffs plaintiffs. It is stated that the plaintiffs plaintiffs. It is stated that the plaintiffs have have have not responded and the letters are received not responded and the letters are received not responded and the letters are received back. back. back. 2.2.2. From the aforesaid statement, it appears that From the aforesaid statement, it appears that From the aforesaid statement, it appears that the the the plaintiffs are not interested in prosecuting plaintiffs are not interested in prosecuting plaintiffs are not interested in prosecuting the the the suit. Hence, dismissed in default. suit. Hence, dismissed in default. suit. Hence, dismissed in default. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 2