Final Order 1

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IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
Case No. :SUIT/0101567/2019
Mr. Irwing Harold DCosta Vs Ivor DCosta
Date : 19-12-2025
Business : None present for plaintiff. Advocate Yusuf Rampurawala for
defendant no. 2 and 4 is present. Kept back Later on at 3.30
P.M. None present for plaintiff. Advocate Yusuf Rampurawala
for defendant no. 2 and 4 is present. Kept back Later on at
4.55 P.M. None present. Order Below Exhibit No. 01None
present for the plaintiff. Today, present suit is fixed for NM
hearing wherein neither plaintiff nor his advocate remained
present. Roznama reveals that, since last couple of dates
plaintiffs are not appearing before the Court. They are absent
since last considerable times for no justified reasons. There is
no application seeking adjournment placed on record. Nor any
Order, staying this proceeding, is brought to notice of this
Court. It is, thus, clear that the plaintiffs have lost their
interest in the suit. Today when the suit and motion was fixed
for hearing the defendant appears before the Court and
plaintiffs do not therefore entire suit deserves dismissal for
want of prosecution. Hence, the suit stands dismissed Under
Order IX, Rule 8 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. In the event, there is nothing before Court to postpone
this N/M on next date for the same purpose. Nothing survives
in the hearing of N/M. Hence, Notice of Motion No. 999 of
2022 is dismissed for default and disposed of accordingly.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 19-12-2025
COURT 02 ADDL SESSIONS JUDGE
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