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Court Order

Final Order 1

CNR MHCC01002153202028 Jun 2023
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 28 Jun 2023 · CNR MHCC010021532020

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IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100783/2020
Pradeep Sanjeeva Amin Vs Narayan Anjanappa Guru
Date : 28-06-2023
Business : Adv. Babu M. B. h/f Adv. G. S. Bhat for plaintiff present.
None present for defendant. Heard. The notice to the
defendant is returned with endorsement of addressee
absent, intimation given and addressee left. Hence, is
properly served on the given address. It is contended that
the father of plaintiff was suffering from illness on
15.01.2020, he filed document to that effect alongwith
notice of motion. Thus, to the plaintiff, his absence was not
intentional on the given date. It appears from the record that
the advocate of plaintiff was present. The plaintiff has
failed to adduce evidence since few dates. Therefore, Court
has dismissed the Suit in default. It will be just and proper
to grant an opportunity to the plaintiff to proceed with the
matter. Hence, I proceed to pass the following order -
ORDER 1. Notice of motion No.783/2020, is hereby
allowed. 2. Suit No. 3451/10 be restored to its original
stage. 3. Plaintiff is directed to file evidence on record on
the fixed date. 4. Notice of motion is disposed of
accordingly. Matter stands adjourned to 24.08.2023 for
evidence.
Nature of Disposal : ALLOWED
Disposal Date : 28-06-2023
COURT 15 ADDL SESSIONS JUDGE
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