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Court Order

Final Order 1

CNR MHCC01005627201916 Feb 2024
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 16 Feb 2024 · CNR MHCC010056272019

Order Details: Other
Pdf Text: IN THE COURT OF Shri. V. M. Pathade
COURT 62 ADDL SESSIONS JUDGE
Case No.: CHAMBER SUMMONS / 101050 / 2019 CNR Number: MHCC010056272019
Lalchand Nokhai Yadav Vs Sultan Roshan Mirza
Mehul R. Thakker Advocate /
Todays Date Roznama Next/Disposal Date
16-02-2024
As per roznama dtd. 06-11-2023
Adv. Kajal Patnakar a/w plaintiff present and filed
application for withdrawal of pending NM and C/S with
liberty to file fresh it is stated that due to subsequent events
the plaintiffs needs to withdraw the pending NM and C/S.
From the perusal of the record, it appearant that though the
plaintiff has taken out C/S No. 1050/19 and C/S No.
1051/19 and NM No. 2031/19 in the year 2019 but failed to
prosecute the same. It is also seem that on 22 of November
2022 the Ld. Counsel for plaintiff disposed the plaintiffs
intention to withdraw the C/S with liberty to file fresh C/S
but didnt take any action in that regard and it is only after
when the suit is posted for dismissal order of the said
pending NM and C/S the present application has been
moved. The application doesnt indicate any special reason
seeking leave to file fresh NM and C/S. From the overall
view of the matter what is significant is that the plaintiff has
not enter into the prosecute the pending NM and C/S.
Hence, the pending NM and C/S are liable to be dismissed
for want of prosecution. The plaintiff may take appropriate
steps in the matter. The application Exh. 3 stands disposed
of accordingly.
None for defendant.
LO
Adv. Kajal Patnakar a/w plaintiff present filed draft C/S
with supporting affidavit t.o.r. - O- Leave is granted to
register the draft C/S .
Matter is adjourned to 11-01-2024 for steps by plaintiff.
DISMISSED: Proceeding is closed
Judge
16-02-2024
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