Final Order 2

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE
Case No. :SUIT/0100669/2019
M/s. Gulbanu and Sons Vs Mrs. S. Heena
Date : 03-02-2020
Business : None for plaintiffs. None for defendants. Court busy in
other matters. Hence, adjourned. LO Adv. Sachin Kudalkar
for plaintiff present. Order - On 18-10-2019 the plaintiffs
filed application for withdrawal of the suit against
defendants no. 1 to 4 (Exh. 9) and on the same day he filed
consent terms between the plaintiffs and defendants no. 5 to
7 (Exh. 8) and same was taken on record. However, the
Court was of the opinion that the Notice of consent terms
needed to be given to defendants no. 1 to 4 to find out
whether the said consent terms was adverse to their interest.
Pursuant to this order the plaintiffs served notice to
defendant no. 1. Defendant no. 2 was found dead and
defendants no. 3 to 4 were not found on their given
addresses. After going through the record of the case and the
events narrated above, the plaintiffs want to withdraw the
suit against defendants no. 1 to 4 unconditionally. The
defendant no. 1 has not appeared to say that the consent
terms are adverse to her interest. After withdrawal of the
suit against defendants no. 1 to 4, the consent terms will not
have any binding force against them. Therefore, it is not
necessary to dwelve upon the point whether the consent
terms adversly affect interest of defendants no. 1 to 4. The
defendants no. 5 to 7 have already settled the matter with
the plaintiffs and consent terms (Exh. 8 ) is filed. In view
thereof permission is granted to the plaintiffs to withdraw
the suit against defendants no 1 to 4. The consent terms
(Exh. 8) is accepted. In view of the consent terms the matter
stands disposed off. Decree be drawn up as per the consent
terms (Exh. 8). Court fee be refunded to the plaintiff as per
rules.
Nature of Disposal : ORDER
Disposal Date : 03-02-2020
COURT 4 ADDL SESSIONS JUDGE
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