Final Order 1

Order Details: Other
Pdf Text: Noting dt. 29.06.2026 31 C.R. No.03
29.06.2026
Sr. No. 6
SU 1712/18
CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present.
When called repeatedly neither plaintiff nor her advocate present till
11.15 AM.
The suit is instituted for partition on 03.01.2018. The issues were
framed on 24.11.2022. Subsequently the matter was fixed for
evidence. The plaintiff and defendant not turned up before the
Court since long. Therefore, suit was fixed for dismissal order on
09.10.2023. Subsequently the advocate for plaintiff sought time and
requested to keep the matter before Lok-adalat. The parties never
appeared before Lok-adalat. Therefore suit was again kept for
dismissal order on 14.11.2024. On request of advocate for plaintiff it
is removed from the caption of dismissal on 20.01.2025. Again
plaintiff remained absent. The matter was again fixed for settlement
before Lok-adalat but plaintiff as well as defendant not appeared
before the panel of Lok-adalat on 13.12.2025, 14.03.2026. Again the
matter was fixed for dismissal order. The conduct of plaintiff shows
that Plaintiff was remained absent after filing evidence. Since
20.01.2025 plaintiff is absent. Subsequently the advocate for
plaintiff sought adjournment but not take any effective steps.
Therefore the suit was fixed for dismissal order. Last chance was
granted to the plaintiff to take steps on 06.04.2024. However, the
plaintiff has not taken any steps. After 8 years the suit is pending for
evidence and then for steps. It is pending since last more than 8
years. There is no progress in suit, no purpose will serve by keeping
the matter pending without any progress. The conduct of plaintiff
shows that she lost interest in the litigation. The plaintiff is not
interested in prosecuting the suit. Hence the Suit No. 1712 of 2018
is dismissed for want of prosecution and necessary steps. No order
as to costs. Notice of Motion, Chamber Summons if any, disposed of
as infructuous.
Judge
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