Final Order 1

Order Details: Other
Pdf Text: 5 Dt:01.08.2025
SU 2295/23
NM 985/2019
CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Today matter was fixed for NM hearing wherein neither plaintiff
nor his Advocate remain present. Hence, NM to proceed without
their argument. Heard Ld. Advocate for defendant/MCGM on
NM.
The following Order is passed in NM No. 985/2019.
ORDER
01 None appeared for the plaintiff when the NM was called for
hearing.
02. Ld. Adv for defendant is present and she submitted that
the suit structure is already demolished by following due process
of law and therefore nothing survives in the cause. In the event
she prayed for rejection of the NM.
03. Having scanned NM record it reveals that earlier ad-
interim protection was granted in favour of the plaintiff.
However, later on it was vacated by this Court vide Order dtd
30.07.2019. More and above now, the defendants fairly
submitted before the Court that the structure is already
demolished by following due process of law. In the light of such
submissions I believe nothing survives in the cause. No any
document countering aforesaid position is placed on record.
With demolition of structure, I believe, there remains nothing
surviving in the cause of action for the NM. In the event there is
no substance to grant any substantial interim relief in favour of
the plaintiff. The NM deserve disapproval. Ergo the Order :
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to be cont..
SU 2295/23
ORDER
01. Notice of Motion No. 985/2019 is dismissed.
02. Notice of Motion No. 985/2019 is disposed of accordingly.
Order Below Exhibit No. 01:
Today, the plaintiff is absent to proceed with the matter.
Though the matter is filed in the year of 2019 and registered as
suit in 2023, till date the plaintiff couldn't ensure due service of
the suit summons on the defendants, even after specific
directions. It seems that he is absent since last considerable time
for no justified reasons. Nor any Order, staying this proceeding,
is brought to notice of this Court. It is, thus, clear that the
plaintiff lost his interest in the suit. Hence, the suit stands
dismissed Under Order IX, Rule 2 and 5 of the CPC, 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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