Final Order 1

Order Details: Other
Pdf Text: 28.08.2023
Sr. No. 35
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 704/17
NM 1410/17
NM 63/18
Exh.10
Exh.11
The plaintiff - Mr. Kamla Prasad Pathak is present in person.
Adv. Mr. V.T. Dubey for the plaintiff is present and endorsed say on
the application Exh.9. On his request, the matter is kept back.
Adv. Mr. G.O. Giri for defendant Nos.1 and 2/MCGM is present.
Defendant No. 3 - Mr. Firoz Mantri is present in person.
Adv. Mr. Viraj Singh for defendant No.3 is present.
LO 4.30 p.m.
The appearance is as above.
Adv. Mr. Pratap Singh is present for defendant No.3. He not pressed
the application Exh.9. Hence, it stands disposed of as not pressed.
The plaintiff and defendant No.3 along-with their representing
advocates jointly filed consent terms. TOR. It is marked as Exhibit
10. The plaintiff and defendant No.3 personally verified and
admitted these contents to be true. As per terms, even defendant
No.3 admitted to have received the keys and the plaintiff confirmed
to have received Demand Draft of Rs. 35 Lakh. O- The consent
terms are duly verified from the parties and filed.
In view of the consent terms Exhibit 10, the plaintiff submitted that
he is not willing to proceed with the suit and wants to withdraw
the same.
The advocate for the plaintiff filed application for withdrawal of the
suit. TOR. It is marked as Exhibit 11. O- Other side to say. Say filed
by the advocate for defendant Nos. 1 and 2. Heard. O- As the
plaintiff is not willing to proceed with the matter, he is permitted to
withdraw the suit. The suitable order follows below Exh.1.
Order below Exhibit 1:
In view of the Order on the application (Exh. 11), the suit
stands disposed of as withdrawn unconditionally by the plaintiff.
All the pending applications, along-with NM Nos. 1410/2017 and
63/2018, are, therefore, disposed of as filed. The parties to bear
their costs of this suit. Bill of costs be drawn-up accordingly. The
proceeding is closed.
Judge
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