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Court Order

Final Order 2

CNR MHCC01000096202024 Jun 2025
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 2 · 24 Jun 2025 · CNR MHCC010000962020

Order Details: Other
Pdf Text: 9 Dt:24.06.2025
SU 31/20
CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Order Below Exhibit No. 01:
Today, the plaintiff is absent to proceed with the matter.
Though the matter is filed in the year of 2020, till date the plaintiff
couldn't ensure due service of the suit summons on the defendants,
even after mandate of law. It seems that he is absent since last
considerable time for no justified reasons. Nor any Order, staying
this proceeding, is brought to notice of this Court. No ad-interim
reliefs were granted in favour of plaintiff. Even NM is rejected on
merit. This Court has observed while specific Order on NM that the
Corporation has followed due process of law carrying out
demolition process supported by Speaking Order. In fact demolition
dtd 30.08.2019 has been suppressed by the plaintiff. This finding
goes to the root of the matter. Since passing of NM Order the
plaintiff has not turned up to the Court. It is, thus, clear that the
plaintiff lost his interest in the suit. Hence, the suit stands dismissed
Under Order IX, Rule 2 of the CPC, 1908. All the pending
applications are filed. He is called upon to bear the costs of the
litigation. Bill of costs be drawn-up accordingly.
The Original documents, if any, filed on record be returned to
the respective parties, on their submitting its Certified Copies, if the
documents are exhibited, or Self-attested True Copies, if the
documents are not exhibited, along-with undertaking to furnish the
originals as and when required by the Court. The concerned
Department to do the needful. The proceeding is closed.
Judge
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