Final Order 1

Order Details: Other
Pdf Text: 1 Dt:24.06.2025
SU 656/23
CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Pooja Nagarthawar for
defendant No. 1/MCGM is present.
Adv. Ms. Reshma Salunkhe i/b Adv. Mr. S.T. Manek and Co. for
defendant No. 2 is present.
keep back
Later on at 11.58 a.m
None present for the plaintiff. None present for defendant No. 2
Rest of the appearance is same.
Order Below Exhibit No. 01:
Today, the plaintiff is absent to proceed with the matter. On last
occasion he was specifically directed to highlight on the issue of
survival of the suit specially in the light of Order passed in NM dtd.
03.04.2025. It is apparent that demolition of suit structure has left
with nothing for survival of cause of action. Despite such position,
neither plaintiff nor his Advocate turned up to the Court to proceed
with the suit. I believe, they are not interested to pursue present suit
positively. Even no any Order is pinpointed there by showing stay to
present proceeding. There is no reason to postpone present suit on
next date for the same purpose. I deem fit necessary to dispose of
the suit to prevent the abuse of the process of the Court. Thus, it is
necessary to pass suitable Order for the ends of justice. Hence, the
suit stands dismissed Vide Section 151 of the Code of Civil
Procedure, 1908. All the pending applications are filed. He is called
upon to bear the costs of the litigation. Bill of costs be drawn-up
accordingly.
The Original documents, if any, filed on record be returned to
the respective parties, on their submitting its Certified Copies, if the
documents are exhibited, or Self-attested True Copies, if the
documents are not exhibited, along-with undertaking to furnish the
originals as and when required by the Court. The concerned
Department to do the needful. The proceeding is closed.
Judge
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