Final Order 1

Order Details: Other
Pdf Text: 17.10.2019
SU 1899/18
NM 4862/18
NM 627/19
Ch/s 1377/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Sachin Gele for plaintiff present.
None present for defendant.
Advocate for plaintiff filed an application seeking permission to withdraw suit vide
Exh.03
KB
Plaintiff present.
Defendant present.
Adv. Jayesh Bhatt for defendant present.
Advocate for defendant filed reply to application Exh.03.
ORDER PASSED BELOW EXH.03
Perused application and reply of defendant. Verified plaintiff. He voluntarily admits
that he wants to withdraw present suit as he has to file suit before the Small Causes Court.
Learned advocate for plaintiff submitted that plaintiff intends to file suit before Small
Causes court therefore sought permission to withdraw present suit with liberty to institute
fresh suit.
Considering above submission of the plaintiff permission is granted to withdraw
present suit with leave to institute fresh suit subject to payment of costs of Rs.1000/- to the
defendant. Accordingly, application is allowed and disposed off accordingly.
…..........
Costs paid by plaintiff to defendant.
ORDER PASSED BELOW EXH.01
Plaintiff and his advocate present. Defendant is present. Plaintiff has filed an
application vide Exh.3 seeking permission to withdraw suit with leave to institute fresh
suit. Said application has been allowed subject to payment of costs of Rs.1000/- to the
defendant. Plaintiff has already paid costs to defendant. Therefore, suit stands withdrawn
and accordingly disposed off. Bill of costs be drawn up accordingly.
ORDER PASSED BELOW NOTICE OF MOTION NO.4862 OF 2018
Present notice of motion is taken out by the plaintiff seeking temporary injunction
against defendant in suit No.1899 of 2018. Said suit has already been withdrawn by the
plaintiff. Therefore, present notice of motion is dismissed in default and disposed off
accordingly.
ORDER PASSED BELOW NOTICE OF MOTION NO.627 OF 2019
This notice of motion is taken out by the defendant under Order 7 Rule 11 of CPC in
suit No.1899 of 2018. Said suit has been withdrawn by the plaintiff. Present notice of
motion is taken out in a cause and when said suit has already been disposed off then notice
of motion has become infructuous. Therefore, notice of motion No.627 of 2019 stands
filed and disposed off accordingly.
ORDER PASSED BELOW CHAMBER SUMMONS NO.1377 OF 2019
Chamber summons is taken out in suit No.1899 of 2018 which has already been
withdrawn therefore present chamber summons does not survive accordingly dismissed for
want of prosecution and disposed off accordingly.
Judge
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