1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO.2417 NO.2417 NO.2417 OF 1980 OF 1980 OF 1980 Syndicate Syndicate Syndicate Bank Bank Bank ...... Plaintiff Plaintiff Plaintiff vs vs vs Mrs.Vasantrao Mrs.Vasantrao Mrs.Vasantrao B.Sawant B.Sawant B.Sawant & ors . Defendants & ors . Defendants & ors . Defendants Mr.Jahnvi Mr.Jahnvi Mr.Jahnvi Kohli Kohli Kohli i/b Daphtary Ferreira & i/b Daphtary Ferreira & i/b Daphtary Ferreira & Diwan Diwan Diwan for for for Defendant no.3 Defendant no.3 Defendant no.3 CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATED DATED DATED : : : 19th September, 2007 19th September, 2007 19th September, 2007 P.C. P.C. P.C. 1.1.1. None appears for the plaintiff. Counsel for None appears for the plaintiff. Counsel for None appears for the plaintiff. Counsel for the the the defendant defendant defendant no. 3 points out that intimation was no. 3 points out that intimation was no. 3 points out that intimation was given given given that that that the defendant no. 3 has expired on 27th the defendant no. 3 has expired on 27th the defendant no. 3 has expired on 27th June, June, June, 1997. No steps have been taken by the 1997. No steps have been taken by the 1997. No steps have been taken by the plaintiff plaintiff plaintiff for bringing on record the heirs and for bringing on record the heirs and for bringing on record the heirs and legal legal legal representatives of the defendant no.3. In representatives of the defendant no.3. In representatives of the defendant no.3. In that that that sense, suit at least against defendant no. 3 sense, suit at least against defendant no. 3 sense, suit at least against defendant no. 3 has has has abated. Be that as it may,as none appears for abated. Be that as it may,as none appears for abated. Be that as it may,as none appears for the the the plaintiff, dismissed for non prosecution. plaintiff, dismissed for non prosecution. plaintiff, dismissed for non prosecution. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)