Final Order 1

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IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100324/2019
Salman Mohamed Umer Pothawala Vs Amiv Ahmed Zahuruddin - deceased - 1a. Smt Zubeda Wd - o Amir Ahmed
Zahuruddin
Date : 15-03-2023
Business : CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66) (NOB
TOB)(By preceipe moved by the deft - allowed) (Incharge Court
Room No. 63) Adv. Akshay Pawar for plaintiff present. Adv.
Suchita Pandey for defendants 1 (A), 1(B)and 1(C) present. Both
sides filed consent terms t.o.r. marked as Exh.6 They also filed
pursis regarding clarification of name of defendant no. 1 (C)
t.o.r. marked as Exh.7 Consent terms Exh. 6 are signed by both
sides and they are identified by their respective advocates. As per
contents in consent terms, the plaintiff has paid total Rs.
19,00,000/- to the defendants and defendants are going to
handover possession of the suit premises to the plaintiff. As both
sides are voluntarily compromising the matter and they are
represented by their advocates, settlement does not appear to be
out come of any pressure or factor affecting to its legality.
Considering all these aspects, I pass the following order : -
ORDER - 1. Suit No. 3322/2010 (Old High Court Suit no.
712/10) is decreed in terms of Consent Terms (Exh.6). 2. Parties
shall bear their own cost. 3. Court fees shall be refunded to the
plaintiff as per rules and refund certificate be issued accordingly.
4. Consent Terms (Exh.6) shall form part and parcel of the
Compromise Decree. 5. Compromise decree be drawn up
accordingly. 6. Notice of Motion No. 324/2019 is disposed off
having become infructuous due to disposal of the main matter.
Nature of Disposal : OTHER
Disposal Date : 15-03-2023
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