IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.661 OF 1983 Smt.Noorjahan A. Hakim & Ors. .. Plaintiffs Versus Shri Asimuddin Naciruddin Sodawala & Ors. .. Defendants Mr.S.Shamin i/by Shamin & Co for the plaintiffs. Mr.D.N.Hungud for the defendant nos.1 to 3. Mr.C.D.Patel i/by N.S.Patel & Co for the defendant nos.4 and 5. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 15th December 2008. : 15th December 2008. : 15th December 2008. P.C.: . The learned counsel appearing for the plaintiffs states that the advocate on record for the plaintiffs has written a letter to the plaintiffs informing the plaintiffs that he is seeking discharge. An office copy of letter written by the advocate for the plaintiffs is taken on record. Mr.Hamid Khan, the son of the 3rd plaintiff appears and seeks time. 2. The order dated 03rd October 2008 records that the suit stands abated as against the 2nd and 3rd defendants. On 24th November 2008, though none appeared 2 for the plaintiffs, the suit was adjourned till 08th December 2008. On 08th December 2008 the suit was adjourned till today. The suit is for declaration of shares of the parties to the suit in immovable property. The plaint discloses that the 2nd and 3rd defendants are having 2/ 45th share each in the suit property. The suit already stands abated as against the said defendants. The 2nd and 3rd defendants are necessary parties to the suit. As the suit stands abated against the said defendants, the suit does not survive considering the nature of reliefs claimed. Even assuming that the plaintiffs have a case to succeed, unless abatement as against 2nd and 3rd defendants is set aside, the suit cannot be decreed. 3. Hence, the suit is dismissed for non prosecution. This order will not preclude the plaintiffs from applying for setting aside the abatement and consequently restoration of the suit. There will be no orders as to costs. (A.S.Oka,J)