MR. JASPAL SINGH KOHLI AND ORSversusMRS. MARIE D'SOUZA (SOLE EXECUTRIX NAMED UNDER LAST WILL AND TESTAMENT OF HER LATE HUSBAND AND ANT

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           Digitally
           signed by
           MOHAMMAD
MOHAMMAD   AREEB
AREEB
MOHD
           MOHD
           AKBAR                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AKBAR      Date:
           2026.10.09
           10:28:36
           +0530
                                              CIVIL APPELLATE JURISDICTION


                                              FIRST APPEAL NO. 671 OF 2012

                   Mr. Jaspal Singh Kohli And Ors.                                              ...Appellants
                           Versus
                   Mrs. Marie D'Souza & Anr.                                                    ...Respondents
                                                            _______
                   Ms. Nikita K. Dharamshi i/b Sheetal Thakur for the Appellants.
                   Mr. Sean Wassoodew a/w Ms. Ashna Shah and Ms. Dhanvi Shah for
                   Respondents.
                                                            _______
                                                 CORAM          :       ARIF S. DOCTOR, J.
                                                 DATE           :       8th OCTOBER, 2026


                   P.C.


                   1.      The matter was adjourned to today after this Court had, on 10 th

                   September 2026, passed the following Order:

                              “1. This is a First Appeal of the year 2012. Mr. Wassodew submits that, in
                              view of the fact that the Appellants were not proceeding with the matter,
                              this Court had vacated the ad-interim relief that was initially granted in
                              this First Appeal. He, however, fairly points out that, in a challenge
                              preferred by the Appellants before the Hon’ble Supreme Court, the
                              Respondents consented to the earlier ad-interim order dated 5th September
                              2012 being continued.

                              2. Mr. Wassodew has today briefly apprised me of the scope of the present
                              First Appeal. He submits that, the Appeal having been pending since 2012,
                              the same may be taken up for hearing and disposed of finally.

                              3. At his request, Stand over to 8th October, 2026. No further time shall be
                              granted. “


                   2.      Today, despite the fact that this matter had been specifically listed for

                   hearing and final disposal, making it expressly clear that no further time shall


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be granted, Ms. Dharamshi, learned counsel appearing on behalf of the

Appellants, has made a request for an adjournment. The reason stated is that the

arguing Counsel is overseas.

3.      Mr. Wassodew has opposed the grant of time and has pointed out that the

Appellants have, on one pretext or another, been seeking time. He has invited my

attention to various Orders, including the previous Orders, which bear this out.

4.      However, even so, my previous Order, passed just over six weeks ago,

made it expressly clear that no further time shall be granted. Hence, I am unable

to accept this request. Therefore, this Appeal is dismissed for want of

prosecution.




                                                 [ARIF S. DOCTOR, J.]




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