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Court Order

Final Order 1

CNR MHCC01007686201825 Sept 2025
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 25 Sept 2025 · CNR MHCC010076862018

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IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102383/2018
Lok Nisarg Coop. Hsg Soc. Ltd Vs 1. M/s. Lok Housing and Construction Ltd 2. M/s. Atithi Builder
3. Aristo Realtors
Date : 25-09-2025
Business : Advocate Rithik Prasad for plaintiff is present. None present
for defendant. Kept back Later on at 4.30 P.M. Advocate
Rithik Prasad for plaintiff is present. None present for
defendant. None present for applicant in C/S 508/2019. It
appears from record that, C/S bearing no. 508/2019 was fixed
for hearing wherein neither applicant nor his advocate
remained present before the Court. There is no separate
application filed on record seeking adjournment. They have
not persued chamber summons positively. Lots of
opportunities were given but all in vein. It seems that,
applicant has lost his interest to proceed with C/S. Hence it is
dismissed in default for want of prosecution. Thus Chamber
Summons no. bearing no. 508 of 2019 is disposed off
accordingly. Having pondered over entire record, it unveals
that since carrying out amendement in the pleading vide order
dated 15.03.2023, the plaintiffs hearing have not complied
with serving copy of amended plaint upon other side. The suit
was consistently adjourned for compliances for dates together.
The notice of motion bearing no. 2383/2018 is pending since
long. Till date plaintiffs have not bothered to proceed with the
same. Virtually there is no ad-interim order passed in favour
of the plaintiff. Even considering the happenings in the suit
which are noted in the Roznama, I believe such notice of
motion being old and prolonging unnecessarily deserves
dismissal with liberty to the plaintiff to file fresh motion, if
compeling situation arises, if any. In the event considering the
old pendency of said N/M bearing no. 2383/2018 is filed and
disposed off in aforesaid terms. Accordingly, Notice of
motion no. 2383/2018 is disposed off Parties to take note of
this. Matter adjourned to 18.11.2025 for Compliance.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 25-09-2025
COURT 02 ADDL SESSIONS JUDGE
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