Final Order 2

Order Details: Other
Pdf Text: 3 Dt:02.08.2025
SU 830/19
NM
1243/2018
CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for plaintiff No. 5.
None present for plaintiff No. 6.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
keep back
Later on 1.05 pm
None present for plaintiff No. 5.
None present for plaintiff No. 6.
Rest appearance is as above.
Keep back
Later on at 3.00 pm
None present for plaintiff No. 5.
None present for plaintiff No. 6.
Rest appearance is as above.
Keep back
Later on at 4.30 pm.
None present for plaintiff No. 5.
None present for plaintiff No. 6.
Rest appearance is as above.
It appears that suit is already withdrawn by defendant No.
1 to 4 and 7, 8. The suit proceeded ahead with plaintiff No. 5
and 6. Due to non service of writ of summons instant suit is
already dismissed against defendant No. 2 to 7. As on today
plaintiffs were directed to take steps as regards service of writ of
summons upon defendant No. 8 but all in vein. In the
circumstance, present suit stands dismissed for default against
defendant No. 8 vide Order IX Rule 2 of the Code of Civil
Procedure, 1908.
It is apparent from record that plaintiffs are consistently
absent and they are not taking any steps to proceed with the
suit. So also it reveals from record that till date plaintiffs Nos. 5
and 6 have not filed undertaking as per direction of this Court
vide Order dtd 25.07.2018. Thus plaintiffs have flouted Order of
the Court. Even it is visible from record that no steps are being
taken to proceed with NM bearing No. 1243/2018. This calls for
disapproval of the same. In the even I proceed to pass separate
Order in NM.
The following Order is passed in Notice of Motion No.
1243/2025:
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to be cont..
SU 830/19
ORDER
It is apparent from record that plaintiffs are consistently
absent and they are not taking any steps to proceed with instant
NM. The NM is very old and prolonging unnecessarily. With such
conduct, I believe, the plaintiffs have lost their interest in the suit
as well as NM. Even on many occasions None has represented
them before the Court. In the event considering the conduct of
the parties, I perceive present NM deserves dismissal for default.
Thus present NM is dismissed in default and disposed of
accordingly.
Adjourned for Compliance of undertaking/dismissal to
20.09.2024
Judge
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