1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Testamentary Suit No.5 of 2003 IN Testamentary Petition No.797 of 2002 Bapsy Nissar Shaikh .. .. Plaintiff v/s. Minoo Kaikhushroo Gadiwalla .. Defendant None for Plff. Mr.Tehremton B. Dalal for Deft. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 4th October, 2010 P.C. : 1.The Plaintiff absent. 2.The Advocate for the Defendant states that the Plaintiff is still in United States of America. The Plaintiff was required to attend the Court and file an Affidavit of examination-in-chief to proceed with the Petition. Since the Plaintiff has failed to comply with the preliminary requirements, the Petition, which has been pending since 2002, need not be adjourned any further. 2 3.The Petition is dismissed for want of appearance of the Plaintiff and for want of prosecution. (SMT.ROSHAN DALVI, J.)