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Court Order

Order 1

CNR MHCC01003007201809 Jan 2025
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Order 1 · 09 Jan 2025 · CNR MHCC010030072018

Order Details: Other
Pdf Text: 09.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 655/18 None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Later on at 1.05 p.m.
ORDER
Vide order Dtd 14.07.2023, the present suit is kept for dismissal
order as issues are framed on 07.03.2020 and since then plaintiff failed
to file his evidence and remained absent continuously. Further from last
more than one year plaintiff and his counsel are absent. It is therefore
clear that plaintiff is not interested to proceed with the suit so it
deserves to be dismissed for want of prosecution. In the result following
order is passed -
1. L. C. Suit No. 655 of 2018 is dismissed in default for want of
prosecution.
2. No order as to costs.
3. Bill of costs be drawn up accordingly.
Judge
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18.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 135/25
Exh. 1
Exh. 2
Exh. 3
Exh. 4
Exh. 5
Adv. P. D. Gandhy for Plaintiff present and tendered registered Notice of
Motion No.332/25 along with affidavit in support. Taken on record.
Exh.1 - Plaint.
Exh. 2 -Vakalatnama of Plaintiff.
Exh. 3 - Memorandum of address.
Exh. 4 - List of documents.
Mr. Vilas Yele, Sub-Engineer, (B and F) D ward present.
Adv. G. V. Jawale for MCGM present and filed affidavit in reply along
with list of documents. It is taken on record and marked at Exh. 5. Copy
of the same furnished to other side.
FRSR the following order is passed -
Order on NM No.332 of 2025
1. The defendants are hereby directed that not to act upon notice Dtd.
06.01.2024 and order Dtd. 01.03.2024 and restrained from taking any
action of demolition of notice structure/suit premises till the next date.
At the same time plaintiff is also directed that to maintain status-quo in
respect of the notice structure/suit premises as per directions of the
Court.
2. Both the parties to take note that now next date will be fixed for
hearing of Notice of Motion.
Matter is adjd to 07.02.2025 for NM hearing.
Judge
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