Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 14 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100768/2020
Vivek Dattatraya Mhaskar - Applicant Vs Nimisha Nitin Mhaskar and Ors.
Date : 13-01-2021
Business : Adv. Pankaj Thatte for applicant/plaintiff is present.
Adv. Swati Gautame for deft nos. 1 and 2 present.
Reply filed by deft nos. 1 and 2 along with
vakalatnama. Taken on record. Order below NM no.
768/2020. Perused the NM and the reply. Heard Ld.
Adv. Shri Thatte for the applicant (original plaintiff)
and Adv. Gautame for respondent (original defendant
nos. 1 and 2). Affidavit of service is filed regarding
original defendant nos. 3 to 6. None appeared for them.
This Notice of Motion is for restoration of disposed of
Suit no. 3862/2010. It is submitted that the plaintiff has
withdrawn the suit by preferring application Exh.4 and
vide pursis Exh.4-A the suit was withdrawn and
disposed of on 18.12.2018. In support of this NM the
plaintiff has placed reliance on several rulings
(compilation of judgment) for the purpose of
convenient it is marked at Exh.A. I have gone through
all the four rulings mentioned in Exh.A. The plaintiff
case is that the suit is for partition and due to the
medical reasons the plaintiff could not continue with
the suit and has to decided to withdraw it. It is further
submitted that the suit flat has now gone for
redevelopment and now the parties are ready to settle
their dispute. The aforesaid rulings clearly stated that
there is no specific provisions in CPC and under the
given circumstances the Court has to recourse of
Section 151 of the CPC. As the parties to the suit are
ready to settle their dispute amicably, and in the
interest of Justice in my opinion the Suit no. 3862/10
which was withdrawn and disposed of can be restored.
Even otherwise the defendant nos. 1 and 2 have the no
objection for restoration. Hence, I pass the following
order. ORDER Notice of Motion no. 768/2020 is
allowed and Suit no.3862/10 (High Court Suit no.
1554/10) be restored and it be kept on 20.01.2021. NM
no. 768/2020 is disposed of accordingly. All concerned
to act upon accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 13-01-2021
COURT 14 ADDL SESSIONS JUDGE
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