1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO. 35 OF 2009 IN TESTAMENTARY PETITION NO. 317 OF 2005 Lovely Devjibhai Dedhia .. Petitioner V/s Nirmalaben Khusalbhai Dedhia .. Respondent None for the petitioner. Mr. Sanjay Jain i/b Harakchand & Co. for the respondent. CORAM : D.G. KARNIK, J. DATE : 30th APRIL 2010 P.C. : 1. None present for the petitioner when called. 2. On the last date, i.e. 16th April 2010, adjournment was granted till today subject to payment of costs of Rs.1,000/- as a condition precedent. Counsel for the respondent states that the costs have also not been paid. In any event, the petitioner and his advocate are absent. The petition is dismissed in default/non-prosecution. (D.G. KARNIK, J.)