Final Order 2

Order Details: Notice of Motion
Pdf Text: Dt. 28.02.2022 CORAM : H.H.J. SHRI. S. D. KULKARNI ( CR. NO. 08)
SU2785/09 None for plaintiff.
None for defendant no.1 / MCGM.
Defendant No.2 present. Her advocate is absent.
K.B.
L.O. at 11.50 a.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
Adv. Wagale for Defendant No.2 present.
Defendant No.2 is also present.
Today, Suit is fixed for dismissal for want of prosecution. Matter is
fixed for final arguments since 12.02.2020. Since then, many
chances were given to the Plaintiff to argue the matter finally.
But , neither Plaintiff nor his advocate remained present and
shown interest to proceed with the matter. The advocates for the
Defendant Nos. 1 and 2 ready to argue matter, therefore, matter
was adjourned for argument of Plaintiff. On giving sufficient
opportunities, it reveals that Plaintiff fails to argue the matter. So
it shows that the Plaintiff is not interested to proceed with the
matter. Therefore, on 22.09.2021 lastly Suit was kept for dismissal
for want of prosecution. Since then many chances were given to
the Plaintiff but, all goes in vain.
Though since last so many dates, matter is kept for dismissal
then also neither Plaintiff nor his advocate remained present and
proceed with the Suit. It shows that Plaintiff is not interested to
proceed with the matter. Considering this, I pass the following
order
Order
1.L.C. Suit No. 2785/09 is dismissed for want of prosecution.
2. In view of disposal of Suit, Notice of Motion No. 477/2019 is
disposed of
3. All pending applications are also disposed off and if on the
application of Plaintiff in future, suit will be restored then the
pending Nm filed by the Defendant No.2 will be restored at the
same time.
3. Proceeding is closed.
Judge
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