Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100321/2020
Swetamber Tapagacehhiya Murtipujak R.Jain Sangh Vs Ashok Roopchand Malesha
Date : 16-07-2022
Business : None present for both sides. KB LO at Authorised
representative of plaintiff Mr.Gheverchand Chinilal Jain who
is also signatory of the plaint is present. Adv.Pathak
h/f.Adv.Manoj Shukla for plaintiff present. Plaint, Exh.1
Vakalatnama, Exh.2 Memorandum of registered address,
Exh.3 List of documents, Exh.4 The plaintiff filed application
for withdrawal of the suit. TOR and marked as Exh.5. Heard
the Ld.Adv.for the plaintiff and the authorised representative
of the plaintiff. The plaintiff submits that plaintiff wants to
withdraw this suit unconditionally. Hence, following order is
passed below Exh.5.
ORDER BELOW EXH.5
1. The application is allowed
2.The plaintiff is allowed to withdraw this suit
unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.5 and today’s order passed thereon.
The plaintiff wants to withdraw this suit unconditionally. In
view of order below Exh.5, the plaintiff is allowed to
withdraw the suit unconditionally. Hence, I pass the following
order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
ORDER IN NM NO.321/20
Read the application, Exh.5 and order passed thereon. Read
the order passed below Exh.1. This suit has been withdrawn
unconditionally, hence, this notice of motion does not survive
further for consideration. Hence, I passed the following order.
ORDER
1. Notice of Motion No.321/2020 is dismissed.
2. Parties to bear their own costs.
LO at 05.05 pm
The Sheristedar informed that registered NM No.321/20 is not
tendered by the defendant. The defendant is absent, hence,
issue notice to the defendant to tender the NM No.321/2020
on Courts motion.
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