Final Order 1

Order Details: Other
Pdf Text: 01.11.2025
Sr. No. 1
CORAM : H. H. J. N. B. Lavte, City Civil Court,
Mazgaon, Mumbai, Judge (C. R. No. 83).
E.A 424/17
Ch/s 926/19
Ch/s 1571/19
NM 163/19
Ch/s 91/19
Ch/s 304/19
Ch/s 305/19
NM 2131/19
None present.
ORDER BELOW EXH.01
The E.A is filed for recovery of Rs.7,09,948.87/- with further
interest. In view of the order dt. 15.02.2018 passed by the
Registrar, City Civil Court, Bombay, the properties mentioned in the
E.A were attached. As the E.A was contested, hence, by an order
dt.09.01.2019 it was transferred to C.R. No.13. The record goes to
show that DH filed draft NM, whereas, the JD No.2 to 4 filed draft
Ch/s. The Ch/s was numbered as Ch/s No.304/2019. Intervenor
too filed draft Ch/s which was registered as Ch/s No.926/19. As
per roznama till 22.01.2020 Ch.s No.926/2019, Ch.s 1571/2019
and Ch/s No.304/2019 were pending. However, after Covid-19
pandemic, the roznama dt.18.01.2021 shows Ch/s 926/19, Ch/s
1571/19, NM 163/19, Ch/s 91/19, Ch/s 304/19, Ch/s 305/19 and
NM 2131/19 were pending. Since 18.02.2021 till 21.08.2021
neither of the parties and their advocates were present.
On 17.08.2023, the predecessor by detail order directed the
parties to advance argument. However, since 05.12.2024 till today
neither DH, JD, intervenor or their advocates were present. On
21.06.2025 and 12.08.2025 again detail orders were passed below
Exh.01 wherein directions were given to argue the Ch/s and Nms,
failing which they will be dismissed. Inspite of the said orders today
also neither DH, JD, intervenor or their advocates are present.
Sufficient opportunities were granted, however, they failed to
appear and advanced argument. Hence this court is left with no
option but to dismiss the Ch/s 926/19, Ch/s 1571/19, NM 163/19,
Ch/s 91/19, Ch/s 304/19, Ch/s 305/19 and NM 2131/19,
18.02.2021 till 21.08.2021 for non prosecution.
Matter is adjourned to 28.11.2025 for Steps.
Judge
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