: 1 : N-352-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 352 OF 2010 IN SUIT NO. 3967 OF 1994 M/s. Kays Associates (Regd.) .. Plaintiff v/s. Mohamed Yakub Gulama Mohamed & Ors. .. Defendants None for the plaintiff / claimant CORAM : R.Y.GANOO, J. DATE : 31st JANUARY, 2011 P.C. : 1. Perused bailiff’s report dated 13th April, 2010. Report states that defendant no.1 has expired about 2 months back. Notice is served upon defendant no.2. Affidavit of service is not filed regarding defendant nos. 3 and 4. In view of the above, following order is passed to dispose of the Notice. ORDER (i) Notice abets so far as defendant no.1 is concerned. (ii) Notice is made absolute so far as defendant nos. 2 is concerned. Execution to proceed against defendant no.2. : 2 : N-352-10=.sxw (iii) Notice is dismissed for want of prosecution as against defendant nos. 3, 4 and 5 as service is not effected. There shall be no order as to costs. (iv) Notice is disposed of accordingly. (R.Y.GANOO, J.)