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Court Order

Order 1

CNR MHCC01003085201809 Jan 2025
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Order 1 · 09 Jan 2025 · CNR MHCC010030852018

Order Details: Other
Pdf Text: 09.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 654/18 None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Later on at 1.00 p.m.
ORDER
Vide order Dtd 11.06.2024, the present suit is kept for dismissal
order as since 28.10.2021 plaintiff failed to file his evidence and
remained absent continuously. Further from last three dates plaintiffs
and their counsel are absent. It is therefore clear that plaintiffs are 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. 654 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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