Order 1

Order Details: Other
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IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100550/2018
Priyanka Mani Pereira - Suit Stamp No. 12581/2017 Vs Ronald Mani
Date : 14-06-2018
Business : Plaintiff with Adv. Dubhash for plaintiff present and filed
application for withdrawal of the suit. Adv.
D&amp#039Silva for defendant present. The Ld.
Counsel for plaintiff has filed application for withdrawal of
the suit with liberty to file a fresh suit in respect of same
cause of action. The Ld. Counsel for defendant submits that
earlier one suit no. 1690/2016 was withdrawn on
17.11.2017 and cost was imposed. Ld. Counsel for plaintiff
points out that the earlier suit was not filed on the basis of
Wills and the present suit was filed on the basis of Wills. He
submits that there are some subsequent developments in the
matter and suit requires comprehensive amendment. He
therefore prays that instead of amending the suit which is
not yet registered, the plaintiff wants to file a fresh suit.
Hence the plaintiff is permitted to withdraw the suit with
liberty to file a fresh suit. However since defendant had
appeared and filed evidence on preliminary issue, the
application is allowed subject to payment of costs of
Rs.10,000/- to the defendant. The original document filed
by the defendants be returned subject to furnishing
photocopies and on the condition that said documents may
be produced as and when directed by the court. Suit be
registered for statistical purpose. Chamber summons or
notice of motion, if any, is disposed of as infructuous.
Nature of Disposal : DISMISSED
Disposal Date : 14-06-2018
COURT 3 ADDL. SESSIONS JUDGE
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