1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2139 OF 1984 Thomas Antony Nunis .. Plaintiff Versus Shivprasad Y. Shukla & Ors. .. Defendants Mr.Girish Kedia for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : 12th January 2009. P.C. . Mr.Kedia appearing for plaintiff states that despite repeated attempts by him to locate the plaintiff and seek instructions from him, he is not able to serve the plaintiff any communication nor has the plaintiff approached him with instructions, if any. 2. Mr.Kedia in all fairness states that even the last communication addressed to the plaintiff in December 2008 has come back with postal remark 2 "not claimed" and the Courier remark states that the person has expired. 3. It is in these circumstances, when the sole plaintiff has expired the suit cannot remain pending any longer and it is dismissed as abated. 4. A copy of the communication together with postal/ courier remark is taken on record and marked "X" for identification. (S.C.Dharmadhikari, J)