Final Order 1

Order Details: Other
Pdf Text: 1 C.R. No.03
20.01.2026
Sr. No. 73
NM 2943/19
SU 2065/09
CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present for plaintiff.
None present for defendant.
This NM is pending since 2019 the plaintiff has not filed affidavit of
service since last 7 years. The matter was fixed for dismissal on
17.02.2022 since then matter is under the caption of either dismissal
or for steps and compliance. Twice costs is imposed on the plaintiff
for seeking time to serve Notice of Motion. The conduct of the
plaintiff shows that since last more than 7 years he has neither serve
Notice of Motion on defendant / respondent nor took any effective
steps. Today none present for plaintiff when called repeatedly till
4.30 p.m. The Hon'ble High Court is pressing heard to dispose of old
cases on top priority, this NM is for restoration of suit which was
dismissed in default on 15.12.2018. The plaintiffs who has not turn
up before this Court on various date and not taken necessary steps
particularly challenging the dismissal of suit has not shown any
justifiable ground to proceed with this NM.
The conduct of plaintiff itself shows that he lost his interest in the
litigation or for the reasons best known to him he neither served the
Notice of Motion on defendants nor took any efforts to proceed with
the matter. In such circumstances no purpose will serve by keeping
the matter pending. The Notice of Motion No. 2943/2019 stands
dismissed in default for want of prosecution and necessary steps.
Judge
-- 1 of 1 --