Final Order 1

Order Details: Other
Pdf Text: 20.02.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 1330/21
NM 471/24
None for Plaintiff.
Adv. Ashwin Ranjane along with D-4 present.
Adv. Sachin Vajale for defendant No. 1/BMC present.
None for D-2 and D-3.
Order below Exh.1
From roznama Dtd. 20.12.2024, it appears that advocate for the
plaintiff has filed an application for withdrawal of her vakalatnama
along with copy of correspondence made with the plaintiff and court
allowed that application Exh. 13 with direction to issue court motion
notice to the plaintiff through bailiff as to why the suit should not be
dismissed in default. Such a notice is accordingly issued and bailiff
report is placed on record at Exh. 14.
The report of bailiff shows that notice issued to the plaintiff is
returned unserved for the reason that the plaintiff was not found on the
said address. After making inquiry with many people at Rathod Marg
they informed that the said chawl has been demolished by BMC before
4 years back and they do not know about plaintiff. The suit is of the
year 2021, means more than 4 years old. Therefore, taking into
consideration the bailiff report Exh. 14 and old age of the matter it is
justifiable that to dismiss the suit for want of prosecution, so
accordingly in the result following order is passed -
1. L. C. Suit No. 1330 of 2021 is hereby dismissed for want of
prosecution.
2. In view of dismissal of suit, notice of motion No. 471/24 does not
survive so it is disposed off accordingly.
3. No order as to costs.
4. Bill of costs be drawn accordingly.
Judge
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