Final Order 1

Order Details: Notice of Motion
Pdf Text: 22.10.2021
35
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
NM 390/2019
(SU 10423/1991
Disp of)
None for plff.
Adv Talekar for deft present.
Perused the NM. It is for condonation of delay in setting
aside order dated 05/12/2018 by which the suit was
dismissal in default for want of prosecution. Adv for deft
submitted that suit was dismissed in default on two
occasions. This is the third NM for restoration of the suit.
Present NM is pending since 2019.
From the perusal of roznama it appears that last chance
were granted to the plff on several occasions for NM hearing.
On 03/03/2021, Adv for plff appear before the Court and
submitted that she wants to take instructions from her client
whether matter should be withdrawn or proceeded further.
Considering the said submission of Adv for plff, last chance
was granted, in default NM was fixed for dismissal on
24/03/2021. There after also none appeared for plff.
It appears that plff is not diligently prosecuting the NM and
she is not interested to proceed further with the NM.
Hence NM 390/2019 is dismissed in default for want of
prosecution. Proceeding is closed. R and P be sent to
record dept.
Judge
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