NAINALI PRASAD CHAWATHEversusMILIND ASHOK GORE

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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        TESTAMENTARY AND INTESTATE JURISDICTION


                                                  TESTAMENTARY SUIT NO. 60 OF 2015
                                                                   IN
                                              TESTAMENTARY PETITION NO. 1618 OF 2014


                     Nainali Prasad Chawathe                                       … Plaintiff
                                     Vs.
                     Milind Ashok Gore                                             … Defendant
                                                               _______
                     Mr. Rushikesh S. Kekane i/b Mr. S. C. Kekane for Defendants.
                                                               _______


                                                    CORAM           :      ARIF S. DOCTOR, J.
                                                    DATE            :      5TH OCTOBER, 2026.


                     P.C.


                     1.       The matter was placed on Board for dismissal today, in the backdrop of the


                     previous order dated 28th September, 2026, which reads thus:

                                           “1. Learned counsel for the Defendants has invited my
                                           attention to the order dated 18th August 2026, which
                                           reads thus :
                                                 “1. Mr. Gandhi appearing for Petitioner submits
                                                 that he is unable to contact the Petitioner.
                                                 2. Stand over to 25th August, 2026 (High on
        Digitally
        signed by
                                                 Board).”
        SAIRAJ
SAIRAJ  SANJAY
        KARANDE
                                           2. Today, once again, none is present on behalf of the
SANJAY
KARANDE Date:
        2026.10.06                         Plaintiff. However, the matter was circulated at the
        12:43:09
        +0530
                                           instance of the Defendants, it would not be proper to
                                           dismiss the matter today.



                     Sairaj
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                    3. Stand over to 5th October, 2026 under the caption
                    “For Dismissal”.
                    4. Let notice of the next date of hearing be served upon
                    the Plaintiff.”
2.       Learned counsel appearing for Defendants in compliance of the previous


order, has today tendered an Affidavit of service dated 5 th October, 2026 by


which he points out that Defendants have duly complied with the directions


contained in the previous order.


3.       Despite this, none had appeared on behalf of the Plaintiff today.


4.       It is therefore, clear that Plaintiff is not desirous of prosecuting the


captioned Testamentary Suit and therefore, Testamentary Suit and Testamentary


Petition stand dismissed for want of prosecution.


5.       Nothing survives for consideration in pending civil/interim applications, if


any, and the same stand disposed of.




                                                                 (ARIF S. DOCTOR, J.)




Sairaj