:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO. 3104 OF 2003 NOTICE OF MOTION NO. 3104 OF 2003 NOTICE OF MOTION NO. 3104 OF 2003 IN IN IN SUIT NO. 2978 OF 2002 SUIT NO. 2978 OF 2002 SUIT NO. 2978 OF 2002 Mrs. Marie Joseph Naronha ...Plaintiffs. vs. Lt. Col. Marceline Naronha and Ors ...Defendants. Mihir Desai i/by. Ms. Sushmita Debbaraman for the plaintiffs. for the plaintiffs. for the plaintiffs. Shailesh Shah i/by. Solomon and Co. for defendant no.1. for defendant no.1. for defendant no.1. Mr. Shirsikar-BMC Respondent. CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. DATE : 2nd March, 2006. DATE : 2nd March, 2006. DATE : 2nd March, 2006. P.C. : P.C. : P.C. : 1. Learned counsel for the defendant states that they are not served with the motion at all. The motion was on board on 28.2.2006 when the learned counsel for the plaintiff took time to ascertain whether the motion is served or not. :2: :2: :2: Inspite of that the motion is not served till today. In view of the fact that motion not being served till three years motion dismissed for non-prosecution. ********