Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 61 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101641/2020
Mr. Mohhammed Jaid Mohammed Javed Sayyed St. No. 5046/2020 Vs Mr. Sayyed Shibu Javed Ahmad
Date : 27-06-2024
Business : IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY
CIVIL COURT C.R. NO. 61 None for plaintiff. None for
defendant. Perusal of roznamas would show that the Notice of
motion No.1641/2020, for issuance of temporary prohibitory
injunction against the defendant not to disturb plaintiffs
possession over the suit premises, is pending for hearing from
06.01.2021. During the pendency of above notice of motion
the plaintiff taken out another Notice of Motion No.1873 of
2020, for appointment of receiver. Later, the plaintiff taken out
Notice of Motion No.2306/2021, for interim mandatory and
prohibitory injunction , seeking the possession of suit premises
from the defendant and to restrain the defendant from creating
third party interest in the suit premises. It further appears from
the roznama that the plaintiff is continuously absent from
04.09.2023, (except the date 30.01.2024, on which advocate of
the plaintiff appeared later on) and not prosecuting the above
notice of motions. The hearing on above notice of motions was
adjourned as a last chance on 19.04.2024. Notice of Motion
No.1641/2020, is appears to become infructuous in view of
filing of Notice of Motion No.2306/2021. Record shows that
the plaintiff availed more that sufficient time and opportunity
to proceed with the notice of motion. However he remained
absent. This shows that the plaintiff is not interested to
prosecute all above 3 notice of motions. ORDER 1. All above
3 Notice of Motion Nos.1641/2020, 1873/2020 and 2306/2021
are hereby dismissed for want of prosecution. 2. Any ad-
interim relief granted earlier is hereby vacated. Matter is
adjourned for filing draft issue to 21.09.2024.
Nature of Disposal : DISMISSED
Disposal Date : 27-06-2024
COURT 61 ADDL SESSIONS JUDGE
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