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Final Order 1

CNR MHCC01007241201918 Feb 2023
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 18 Feb 2023 · CNR MHCC010072412019

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IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102636/2019
Vidyahar Vishwambharnath Tiwari Vs Brijnath Jadamba Pandey Applicant
Haridaynarayan Brijnath Pandey
Date : 18022023
Business : Adv.Ravishankar Mishra h/f Adv.Vijay Mishra for
original plaintiff is present. None for
defendant/applicant. The N/M No.2636/19 is
taken out by a Legal Representative namely
Haridayanarayan Brijnath Pandey for setting aside
exparte decree dated 09/07/2014. The Ld.Adv.
for applicant intimated this court on 27/07/2022
about death of sole legal representative of
deceased defendant. As such applicant was
required to take steps for bringing on record LR of
Haridayanarayan Brijnath Pandey. However, since
27/07/2022, no steps are taken by the applicant.
This court by order dated 22/12/2022 had granted
a last chance to the applicant to take proper steps,
else suit N/M would stand dismissed as abated.
Despite repeated orders applicant failed to take
proper steps. The situation thus arises that now
defendant is dead, his sole LRs who took out N/M
is also expired. Therefore, obviously the present
N/M would not survive. Hence, N/M No.2636/19
is hereby dismissed in default.
Nature of Disposal : DISMISSED
Disposal Date : 18022023
COURT 61 ASST SESSIONS JUDGE
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