Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Sushil Purohit for plaintiff present.
Plaintiff Sudhir Purohit present.
None for deft.
The pursis filed by Adv. for plaintiff. The pursis was filed at 11.00 am. Matter is fixed for 02.45
pm. The Ld. Counsel for plaintiff submitted that in the afternoon session, he would not remain
present. I had verified the plaintiff about the contents of the pursis. He submitted that he wish to
unconditionally withdraw the suit. Put the matter at 02.45 pm for the say and order.
L.O.
Deft. no.2 present. Adv. Mishra for deft. no.2 present.
Registered N/M no.254/20 tendered by deft. no.2. T.O.R.
Ld. counsel for deft. no.2 has filed the say on pursis (Exh.36) and submitted that cost be put on the
plaintiff for harassing the defendant no.2.
ORDER BELOW EXH.1 AND 36
The plaintiff wish to unconditionally withdraw the suit. The defendant no.2 prayed
for saddling the cost. The suit of the plaintiff was for specific performance against
deft. no.1 but as the transfer was made to deft. no.2, therefore, he was made a party.
In this background, the claim of the deft. no.2 for the cost for harassing him is not
acceptable. The plaintiff wish to withdraw the suit unconditionally, therefore, it is
expedient to pass following order.
ORDER
1. Suit is disposed off as withdrawn.
2. No order as to costs.
3. Court fees be refunded as per rules.
4. Pending N/M no.254/20 is also disposed off accordingly.
Judge
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