Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100106/2019
Mangesh Gajanan Madhav Vs Digambar Shankar Madhav
Date : 19-10-2022
Business : Adv.Hassan Khan for plaintiff present and filed application for taking
case on today’s board. Case is TOB and marked as Exh.13.
O-Allowed to take case on today’s board.
The plaintiff by the same application Exh.13 pointed out that in the
roznama dated 13.10.2022 there are corrections. In the paragraph
of recording of consent terms instead of words
“CA of 1a” it should
be
“CA of defendant No.1a and 2”. As the defendant No.1b on the
basis of power of attorney representing as CA of defendant No.1a
and 2 instead of words “
Copy of Power of Attorney of CA of
deft.No.1a” it
should be “ Copy of Power of Attorney of CA of
defendant No.1a and 2”.
Perused the record and copies of power of attorneys filed alongwith
consent terms I am of the view that the corrections as requested are
necessary, hence, following corrections shall be made in the
roznama dated 13.10.2022.
In the paragraph of recording of consent terms instead of
words “CA of 1a” it should be
“CA of defendant No.1a and
2”. As the defendant No.1b on the basis of power of
attorney representing as CA of defendant No.1a and 2
instead of words “
Copy of Power of Attorney of CA of
deft.No.1a” it
should be “ Copy of Power of Attorney of CA
of defendant No.1a and 2”.
Roznama dated 13.10.2022 is corrected accordingly.
The Ld.Adv.for the plaintiffs submits that necessary amendment
in view of chamber summons No.1308/2022 and order dated
15.10.2022 on Exh.10 have been carried out. Rest of the parties
have settled their dispute in view of consent terms recorded on
13.10.2022 and therefore he requested for decree in terms of
consent terms.
Contd..2
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ORDER BELOW EXH.1
Read the consent terms Exh.8 recorded on 13.10.2022. All the
plaintiffs and defendant No.1a through her CA defendant No.1b,
defendant No.1b for herself, defendant No.2 through her CA defendant
No.1b, defendant No.3 and 4 have settled their disputes by consent
terms Exh.8. Suit is dismissed as withdrawn against defendant No.5.
Hence, all parties to the suit have settled their disputes in view of
consent terms Exh.8. Hence, suit is required to be decreed in terms of
consent terms. In the result, I pass the following order.
ORDER
1. Suit is decreed in terms of consent terms Exh.8.
2. The plaintiff is entitled for refund of Court fees as per rules.
ORDER IN NM NO.106/19
By consent terms between plaintiffs and defendant No.1 to 4 suit is
disposed of, hence, notice of motion does not survive. It is
dismissed.
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