Final Order 1

Order Details: Other
Pdf Text: 12 Dt:17.02.2024
SU 142/19
Exh. 8
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff.
Advocate Jyoti Mhatre-Patil h/f Suryavanshi for defendant
no. 1/BMC present.
None present for deft No. 2 and 3.
Suit is today posted for dismissal in default but none
present for plaintiff. Hence matter kept back.
Keep back
Later on
Adv. Rohit Upadhay h/f K.P. Ravi for plaintiff present and
tendered application for removing the caption of dismissal
and seeking permission to amend the plaint marked as
Exh. 8
Adv for deft/BMC has given say on Exh. 8. overleaf
Heard Advocate for the paries on Exh. 8
Order below 8
1. The plaintiff has filed this application for removing the
matter from the caption of dismissal and permission to
amend plaint as per order darted 18.03.2023
2. Deft/BMC strongly opposed application stating that
inspite of direction of Court plaintiff not produced medical
certificate and also failed to comply the order 18.03.2023
3. Adv for plaintiff submitted that plaintiff is senior citizen
and submitted she was suffering from viral infection and
taken treatment at home. Therefore plaintiff is not able to
submit medical certificate. He further submitted plaintiff be
permitted to carry out amendment as per order dated
18.03.2023. it appears that on 22.12.2023 suit was kept for
dismissal but as per application of plaintiff caption was
changed and also time was extended to carry out
amendment and matter adjourned to 29.01.2024 but she
has not complied order. Hence suit was kept for dismissal.
However in the interest of justice time to carry out
amendment is extended subject to cost hence I pass
following order
ORDER
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SU 142/19
Exh. 9
Application is allowed subject to cost of Rs. 1000/- credited
to DLSA in this office.
Adjd to 18.03.2024 for Compliance
Later on 12.50 p.m
Adv Rohit Upadhay for plaintiff tendered application for
withdrawal of suit marked as Exh. 9.
None present for deft No. 2 and 3.
Adv for deft/BMC has given say on Exh. 9 overleaf.
Heard Advocate for the parties.
Order below Exh. 1
The plaintiff has filed an application below Exh. 9 for
permission to withdraw the suit unconditionally.
Application signed by the plaintiff and she is identified by
her Advocate Rohit Upadhay. The plaintiff submitted that
she is withdrawing suit unconditionally. Hence it be
disposed of. Corporation has given no objection. The
plaintiff is withdrawing suit unconditionally. Hence I pass
following order.
ORDER
Suit is disposed of as withdrawn as per application below
Exh. 9.
Judge
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