Order 1

Order Details: Order below exhibit
Pdf Text: 18.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 1372/18 None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Later on at 1.30 p.m. None appeared on behalf of the plaintiff.
ORDER
Vide order dated 16.08.2024 present suit is kept for dismissal order.
However, almost last 4 to 5 years plaintiff and his counsel remained
absent. The record further discloses that in view of order Dtd.
30.01.2023 matter is proceeded without W. S. against defendants even
though plaintiff failed to adduce his evidence. Therefore, taking into
consideration above facts, it appears that plaintiff is not interested to
proceed with this suit, so obviously it is liable to be dismissed for want
of prosecution. In the result, accordingly following order is passed -
1. Suit No. 1372 of 2018 is hereby dismissed in default for want of
prosecution.
2. No order as to costs.
3. Bill of costs be drawn up accordingly.
Judge
-- 1 of 2 --
18.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 135/25
Exh. 1
Exh. 2
Exh. 3
Exh. 4
Exh. 5
Adv. P. D. Gandhy for Plaintiff present and tendered registered Notice of
Motion No.332/25 along with affidavit in support. Taken on record.
Exh.1 - Plaint.
Exh. 2 -Vakalatnama of Plaintiff.
Exh. 3 - Memorandum of address.
Exh. 4 - List of documents.
Mr. Vilas Yele, Sub-Engineer, (B and F) D ward present.
Adv. G. V. Jawale for MCGM present and filed affidavit in reply along
with list of documents. It is taken on record and marked at Exh. 5. Copy
of the same furnished to other side.
FRSR the following order is passed -
Order on NM No.332 of 2025
1. The defendants are hereby directed that not to act upon notice Dtd.
06.01.2024 and order Dtd. 01.03.2024 and restrained from taking any
action of demolition of notice structure/suit premises till the next date.
At the same time plaintiff is also directed that to maintain status-quo in
respect of the notice structure/suit premises as per directions of the
Court.
2. Both the parties to take note that now next date will be fixed for
hearing of Notice of Motion.
Matter is adjd to 07.02.2025 for NM hearing.
Judge
-- 2 of 2 --