Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101627/2018
1.Mr. Gajanan Ramchandra Patil 2.Mr. Kishore Mahadev Patil Vs MCGM
Date : 03-02-2023
Business : None for plaintiff. Adv. Mr. Suryavanshi for defendant/
BMC is present. Following order is passed on N/M
No.4621/2016- O R D E R This original N/M is takes out
by plaintiff for interim injunction. N/M is pending since
2016. Adv. on record Adv. R. D. Thorat withdrawn V/P vide
Exh.8. It appears that vide letter below Exh.9 Adv. R. D.
Thorat informed the plaintiff about the date of the matter
but inspite of that plaintiff did not appear. This shows that
plaintiff is not interested to proceed with the N/M. Hence, I
have no option but to dismiss the N/M for want of
prosecution. Hence, I pass following order- O R D E R
Notice of Motion No.4621/2016 stands dismissed for want
of prosecution. Following order is passed on contempt N/M
No.1627/2018- O R D E R Contempt N/M No.1627/2018
has been filed for breach of the interim order passed by this
Court under order 39, rule 1 of the CPC. Hon'ble Bombay
High Court judgment of Rampyaribai Sukhadeo Daga V/s
Niladevi Narayandas Jakhotiya and Ors. held that an
application under order 39, rule 2-A of the CPC is to be
separately registered as Miscellaneous Application and
should be tried by framing issues independently. Hence, in
view of the above cited judgment office is directed to
register contempt N/M No. 1627/2018 as separate
Miscellaneous Application. Hence, contempt N/M No.
1627/2018 stands disposed of and removed from the CIS.
Adv. Suryavanshi for defendant/ BMC submitted that their
reply to N/M No.4621/2016 be treated as a written
statement, Hence, N/M reply is treated as W/S and marked
as Exh.11.
Nature of Disposal : OTHER
Disposal Date : 03-02-2023
COURT 04 AD-HOC ASST SESSIONS JUDGE
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