Date: 15-03-2019
Business: Resumed.
Adv. P.D. Gandhi for plaintiff and Adv. Saurabh More for defendants are present.
Adv. More tendered draft NM with affidavit seeking to frame preliminary issues relating to bar of limitation. Leave to register is granted.
Exh. 7 - Written statement of defendants. O- R and R.
Adjd for NM reply to 12.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Adv. Giriraj for plaintiff present.
Adv. Saurabh More for defendant present and tendered registered NM No. 1274/19.
The Ld. Counsel for defendant seeks time for hearing on NM tendered by the plaintiff. The Ld. cousnel for the plaintiff seeks time to file reply on NM 1274/19
The Ld. Counsel for the defendant on instruction of defendant adhere to statement made that the defendant would not create third party interest in the suit property.
Adjourned for reply to NM No. 1274/19 and hearing on NM No. 968/19 to 19.8.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2019
Date: 12-06-2019
Business: Adv. Giriraj for plaintiff present.
Adv. Saurabh More for defendant present and tendered registered NM No. 1274/19.
The Ld. Counsel for defendant seeks time for hearing on NM tendered by the plaintiff. The Ld. cousnel for the plaintiff seeks time to file reply on NM 1274/19
The Ld. Counsel for the defendant on instruction of defendant adhere to statement made that the defendant would not create third party interest in the suit property.
Adjourned for reply to NM No. 1274/19 and hearing on NM No. 968/19 to 19.8.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: By precepie.
Plaintiff in person present.
Defendant no. 2 present.
Adv. Giriraj for plaintiff present.
Adv. Saurabh More h/f Adv. Chetan Bane for all the defendants present.
Application filed on behalf of plaintiff for withdrawal of the suit.
Consent Terms filed between the plaintiff and defendants.
Plaintiff filed the application (Exh. 8) for withdrawal of the suit. It is contended by the ld. counsel for the plaintiff that the matter between the plaintiff and defendants is settled vide Consent Terms (Exh. 9) annexed to the withdrawal application and therefore the plaintiff does not wish to prosecute the suit. Plaintiff is present. I had verified from the plaintiff. He confirms the recitals in withdrawal application (Exh. 8) and Consent Terms (Exh. 9). Defendant no. 2 handed over the Demand Draft of Rs. 2,00,000/- bearing DD no. 009312 dated 17.7.2019 drawn on National co-operative Bank Ltd.,, Ghatkopar (west) branch. In view of the matter, it is just and sufficient to pass following order.
ORDER
1. Application (Exh. 8) is allowed.
2. Suit is disposed of as withdrawn.
3. No order as to costs.
4. Court fees be refunded to the plaintiff as per rules.
_______________________________________________
As the suit is disposed of there is no purpose in keeping the notice of motions pending. Therefore Notice of Motion No. 1274/2019 and Notice of Motion No. 968/19 are accordingly disposed of.
Nature Of Disposal: OTHER
Disposal Date: 14-08-2019
