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Bombay High Court

GUL G. PURSNANIversusBABU CHOITHRAM BACHWANI AND ORS.

Decided
Disposal
DISMISSED

Holding

The suit is dismissed for want of prosecution.

Summary

The plaintiff Gul G. Pursnani filed a testamentary suit (No. 43 of 1996) against Babu Choithram Bachwani and others. The court had previously adjourned the matter due to non‑appearance of parties. Counsel for the plaintiff appeared in a related suit (No. 78 of 2014) and highlighted an earlier order granting time for service of heirs. On the present date, no representative of the plaintiff in suit 43 appeared, indicating a lack of desire to prosecute. Consequently, the court dismissed suit 43 for want of prosecution. The counsel for the related suit informed the court that the plaintiff in suit 78 had died and sought further time, leading the court to stand over the matter to 11 August 2026 for direction.

Issues considered

  • What is the appropriate consequence when a plaintiff fails to appear and shows no intention to prosecute a testamentary suit?
  • Whether the court should grant further adjournment in light of the plaintiff's death in the related suit.

Subjects

  • want of prosecution
  • adjournment
  • service of notice
  • testamentary suit
  • civil procedure
  • dismissal

Judgment

       Digitally
       signed by
       MEERA                                                           1/2                               11-TS-43-96.DOC
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
       2026.07.08
       10:35:13
       +0530
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          TESTAMENTARY AND INTESTATE JURISDICTION
                                               TESTAMENTARY SUIT NO. 43 OF 1996


                    Gul G. Pursnani                                                              ...Plaintiff
                             Versus
                    Babu Choithram Bachwani And Ors.                                             ...Defendants
                                                                     WITH
                                                TESTAMENTARY SUIT NO.78 OF 2014
                                                                       IN
                                            TESTAMENTARY PETITION NO.445 OF 1996
                                                                     -----
                    Mr. D. R. Mishra for Plaintiff.
                                                                     -----
                                                               CORAM :           ARIF S. DOCTOR, J.
                                                               DATE          :   7th July 2026


                    P.C.


                    1.       On the previous occasion the Court had stood over the matters for

                    dismissal because none appeared for the parties.

                    2.       Today, Learned Counsel Mr. Mishra has entered appearance on behalf of

                    the Plaintiff in Testamentary Suit No.78 of 2014. He has invited my attention to

                    the order passed by this Court dated 10 th April 2026, which reads thus:

                                   “Mr. Tejas Vora, learned Counsel who appears on behalf of the Defendants,
                                   states that despite best efforts the heirs and legal representatives of Plaintiff
                                   in Testamentary Suit no. 43 of 1996 have not yet been served. He therefore
                                   seeks some time. Considering this, stand over to 7th May 2026.”


                    3.       Today, however, none is present for the Plaintiff in Testamentary Suit

                    No.43 of 1996. It is therefore, clear to my mind that the Plaintiff in Testamentary




                    Meera Jadhav
                                         2/2                          11-TS-43-96.DOC



Suit No.43 of 1996 is not desirous of prosecuting the Suit. The suit is dismissed

for want of prosecution.

4.       Mr. Sharma informed the Court that Plaintiff in Testamentary Suit No.78

of 2014 has passed away. He seeks time to take suitable steps in the matter.

5.       Stand over to 11th August 2026, for direction.

6.       Records and proceedings of Testamentary Suit No.78 of 2014 is not

available.




                                                          [ARIF S. DOCTOR, J.]




Meera Jadhav


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