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Court Order

Final Order 1

CNR MHCC01008596201909 Feb 2024
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 09 Feb 2024 · CNR MHCC010085962019

Order Details: Notice of Motion
Pdf Text: 09.02.2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 696/19 None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Kept back
Later on a.m. 1.45p.m.
Today also none appeared for the plaintiff. On the other hand, on behalf
of defendant no. 2 intimation pursis Exh. 9 has been filed on record
along with copy of death certificate of Smita Patel who has filed this suit
as being one of the partners of the plaintiff firm to show that she is
expired on 31.01.2023. However, till this date, no steps are taken to
bring legal representative of the plaintiff firm so as to proceed with this
suit. Since long nobody is appearing on behalf of the plaintiff. ON the
other hand, it is contended on behalf of D-2 by pursis Exh. 9 for passing
no order of abatement of suit. Thus, considering all these
circumstances, there is no propriety by keeping the case in abeyance for
want of bringing the Legal representative of the plaintiff firm on record.
Hence, following order is passed -
ORDER
1. Suit stands disposed off as abated.
2. In view of disposal of the suit, NM No. 3151/19 and NM No. 142/20
disposed off accordingly for want of prosecution.
3. L. C. Suit No 696 of 2019 disposed of accordingly.
Judge
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