1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.424 OF 1976 BABUBHAI CHANDULAL MODY ..PLAINTIFF VS. MRS. VIMLABEN BALKRISHNA MODY ..DEFENDANT None for the Plaintiff Mr. Kunal Dalal i/b Kishore Dalal for Defendant CORAM: SMT ROSHAN DALVI, J. DATED: 20 th February, 2009 P.C.: 1. The Defendant is a sister- in-law of the Plaintiff. The parties are in near relation. Preliminary decree has been passed in this suit on 25.10.1983. The Defendant's Advocate states that Defendant has expired on 21.02.2000. A copy of the certificate of death of Defendant is tendered. The suit has abated, since the heirs of the Defendants are not brought on record. 2. Hence final decree cannot be passed. The suit is dispose of as abated. (Roshan Dalvi, J) 2