Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF Shri. K. P. Kshirsagar
COURT 08 ADDL SESSIONS JUDGE
Case No.: SUIT / 101788 / 2022 CNR Number: MHCC010131072019
Sangita Vinod Randive Vs The Ward Office F/North BMC Office Ward
Miss Dipali Ghodeswar Advocate /
Todays Date Roznama Next/Disposal Date
22-03-2022
By praecipe
Adv. Deepali Ghodeswar present for plaintiff.
None present for defendant.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv, for plaintiff tendered affidavit for grant of leave to
institute the suit without serving statutory notice U/s. 80
(1) Of Code Of Civil Procedure. t.o.r. 06.
ORDER- Perused the record. Heard the ld. Adv. For
plaintiff. From the plaint, it appears that, plaintiff filed the
present suit for declaration that shri. Jagannath
Khadangale is dead. Therefore, from the matter on record,
it appears that, in the present suit plaintiff has not prayed
for any urgent and immediate relief against the
government or any public officer. Therefore, there is no
urgency in the present matter. Hence, prayer of the
plaintiff to grant leave to institute the suit without serving
any notice as required by Sub Section 1 Of Section 80 Of
The Code Of Civil Procedure. Therefore, the
affidavit/application is dismissed.
As the court is satisfied after hearing the plaintiff that no
urgent or immediate relief need to be granted in the suit,
it will be appropriate to return the plaint to the plaintiff
for presentation to the court after complying the
requirements of Sub Section (01) Of Section 80 Of the
Code Of Civil Procedure as per proviso To Section 80 (2)
Of The Code Of Civil Procedure. Hence, as per proviso to
Section 80 (2) Of The Code Of Civil Procedure plaint be
returned to the plaintiff for presentation to the court after
complying with the requirements of Sub Section (1) Of
The Code Of Civil Procedure. Proceeding is closed.
PLAINT RETURN: Proceeding is closed
Judge
22-03-2022
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