Saima Kausar Kalim ShaikhVsVahida Shaukatali Shaikh And Ors

Date: 27-03-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Resumed.
Adv. M. V. Sawant with plaintiff and Adv. M. M. Shetty for defendant no. 2 and 3 are present.
Exh. 6 - Vakalatnama of Adv. M. M. Shetty for defendant nos. 2 and 3. O- Seen and filed.
Exh. 7 - Report of service of writ of summons.  Def. Nos. 4 and 5 unserved.
Adv. Sawant tendered registered NM No. 559/2019 with affidavit.
Exh. 8 - Consent terms.
Order on consent terms.
The plaintiff and defendant nos. 2 and 3 are present before the Court today.  They are respectively identified by Adv. M. V. Sawant and Adv. M. M. Shetty.  They admit the truthfulness of the contents of this pursis and execution thereof.  Hence verified, read and recorded.
Order on Exh. 1
In view of the consent terms Exh. 8 the suit is dismissed against the defendant nos. 4 and 5 as withdrawn unconditionally.  The suit is already abated against the defendant no. 1 who died on 10.01.2019 and whose heirs i.e. defendant nos. 2 and 3 are already on record.  In view of the consent terms Exh. 8 the suit is disposed of as compromised.
2.   No order as to costs.
3.  Decree be drawn up accordingly in terms of consent terms.
4.   Court fee be refunded to the plaintiff as per rules.
Order on NM No. 559/2019
In view of compromise of the suit the NM No. 559/2019 is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 28-03-2019

Main Case No: SUIT/0102779/2018
Main Cnr: MHCC010029102018
Main Filing No: 111447

Filing Number: 101308/2019
Filing Date: 06-02-2019
First Hearing Date: 27th March 2019
Decision Date: 28th March 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE