Final Order 1

Order Details: Other
Pdf Text: 37 Dt:04.01.2024
SU 1051/2020
Exh. 4
Exh. 5
Exh. 6
Exh. 7
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sanjay Manek for plaintiff present
Advocate Mhatre for defendant No. 1 to 5/BMC present.
Shri. Devendra Pawar, J/E ( B & F) T Ward for BMC present.
keep back
Later on 3.07 p.m.
Adv Manek for plaintiff present.
Adv for deft/BMC tendered affidavit of reply cum written
statement TOR marked as Exh. 4.
Adv Aniket shrivastav i/b Akshar Laws for deft No. 6 and 7
present.
Adv for plaintiff tendered application for withdrawal of suit
marked as Exh. 5 and Partnersheep Deed marked as Exh. 6
and photocopy of Aadhar Card marked as Exh. 7
Order below Exh. 1
1. Advocate for plaintiff filed an Notarized application for
uncondinal withdrawal of the suit vide Exh 5 alongwith true
copy of Partnership Deed. Adv for deft No. 1 to 5 as well as
deft No. 6 and 7 submitted that suit structure has been
demolished and suit is become infructuous and they have no
objection unconditional withdrawal of suit. The application for
withdrawal of suit is signed by Shri. Jignesh Shah the partner
of plaintiff No. 1 and plaintiff No. 2. They are identified by
their advocate S. T. Manek. The application is Notarized
before the Notary and it has presumed to value. Advocate for
plaintiff submitted that the plaintiff are not able to remain
present, hence they have filed Notarized application.
Therefore I pass following order :-
ORDER
1. Suit is disposed of as withdrawn as per application below
Exh. 5.
2. In view of disposal of suit, NM 129/2021 is disposed of
accordingly.
3. Parties is to bear their own cost.
Judge
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