: 1 : TS-51-95=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 51 OF 1995 IN TESTAMENTARY PETITION NO. 199 OF 1992 Vijay Ramchandra Sharma .. Plaintiff v/s. Mala Ashok Bolkani .. Defendant ......... Mr. Yogendra Kanchan i/b V.B. Dhingreja for the plaintiff Ms. Usha Gaddakar i/b M/s. Divya Shah & Associates for the defendant ......... CORAM : R.Y.GANOO, J. DATE : 21st APRIL, 2011 P.C. : 1. The original caveator Mrs. Mala A. Bolkani expired and that is how Chamber Summons was taken out in the year 1999 being Chamber Summons No.1083 of 1999 for bringing heirs of Mrs. Mala on record. That chamber summons was granted on 22nd September 1999. Since then the plaintiff has not carried out the amendment. The plaintiff has not served the citation upon the heir of Mrs. Mala. This clearly goes to show that plaintiff is not interested in prosecuting the suit. Learned Counsel Mr. Kanchan appearing on behalf of the plaintiff prayed for last chance. In my view, the relevant dates clearly go to show that the : 2 : TS-51-95=.sxw plaintiff is not interested in prosecuting the suit. Hence, the suit is required to be dismissed. Hence, following order is passed. ORDER (I) Testamentary Suit is dismissed for want of prosecution with 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.)