Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF Shri. V. M. Pathade
COURT 62 ADDL SESSIONS JUDGE
Case No.: NOTICE OF MOTION / 102031 / 2019 CNR Number: MHCC010056362019
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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