: 1 : ts-89-97=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 89 OF 1997 IN TESTAMENTARY PETITION NO.824 OF 1996 Mrs. Ophelia Claudette Gonsalves .. Plaintiff v/s. Mrs. Esperance Mischael Fernandes & Ors. .. Defendants ......... Ms. A.M. Hippargi for the plaintiff Mr. R.A. Jadhav i/b Y.R. Shah for the caveator ......... CORAM : R.Y.GANOO, J. DATE : 8th MARCH, 2011 P.C. : 1. On 6th January, 2011 issues were framed. Plaintiff was directed to file evidence affidavit and compilation of documents. Matter was adjourned to 25th February, 2011 and directions were given to comply with the order dated 6th January, 2011. It was also mentioned that if directions are not complied with suit would be dismissed. Today, after about 1½ months also directions are not complied with. Learned Counsel for the plaintiff states that plaintiff is not contacting her. All this will go to show that plaintiff is not interested in prosecuting the : 2 : ts-89-97=.sxw suit. Hence, following order is passed. ORDER (i) Suit is dismissed for want of prosecution. There shall be no order as to costs. (ii) Testamentary Petition is also dismissed for want of prosecution with no order as to costs. (R.Y.GANOO, J.)