IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1968 OF 2003 NOTICE OF MOTION NO.1968 OF 2003 NOTICE OF MOTION NO.1968 OF 2003 IN IN IN INCOME TAX APPEAL (L) NO.654 OF 2003 INCOME TAX APPEAL (L) NO.654 OF 2003 INCOME TAX APPEAL (L) NO.654 OF 2003 The Commissioner of Income Tax Mumbai City 24, Mumbai .. Appellant V/s Late Shri.Vishnu B.Patil, Mumbai .. Respondent Mr.A.D.Kango i/by Mr.T.C.Kaushik for the Appellant. CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN & V.C.DAGA, JJ. V.C.DAGA, JJ. V.C.DAGA, JJ. DATE : 20th March, 2007. DATE : 20th March, 2007. DATE : 20th March, 2007. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the Appellant. The title of Notice of Motion clearly indicates that the Notice of Motion has been taken out against the deceased Respondent. The learned Counsel for the Respondent is unable to controvert the same and concedes that the Respondent has expired. Moreover the Notice of Motion is also addressed to the late Shri.Vishu B.Patil (Respondent). In view thereof, the Notice of Motion is not maintainable at all. Hence, the Notice of Motion stands dismissed. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)