Final Order 1

Order Details: Other
Pdf Text: 17.10.2019
SU 550/18
NM 1363/19
Ch/s 1376/19
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Therefore, suit stands withdrawn and accordingly disposed off.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.1363 OF 2019
This notice of motion is taken out by the defendant under Order 7 Rule 11 of
CPC in suit No.550 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 Said suit has been withdrawn by the plaintiff.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.1363 of 2019 stands filed and disposed off accordingly.
ORDER PASSED BELOW CHAMBER SUMMONS NO.1376 OF 2019
Chamber summons is taken out in suit No.550 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withdrawn therefore present chamber summons does not survive accordingly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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