Order 1

Order Details: Order below exhibit
Pdf Text: 18.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 997/18
NM 2951/18
None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Later on at 1.30 p.m. None appeared on behalf of the plaintiff.
ORDER
Vide order dated 16.08.2024 present suit is kept for dismissal order.
However, since 06.12.2023 for all dates plaintiff and his counsel
remained absent. The record further discloses that on 14.11.2018 issues
are framed but plaintiff failed to adduce his evidence. Therefore, taking
into consideration above facts, it appears that plaintiff is not interested
to proceed with this suit, so obviously it is liable to be dismissed for
want of prosecution. In the result, accordingly following order is passed
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1. Suit No. 997 of 2018 is hereby dismissed in default for want of
prosecution.
2. In view of dismissal of suit, notice of motion No. 2951 of 2018 does
not survives so it is disposed of.
3. No order as to costs.
4. 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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