Final Order 1

Order Details: Other
Pdf Text: 19.07.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 2343/07
NM 1034/20
Exh. 30
Exh. 31
Plaintiff No. 2 Neha Shah is present in person along with ID proof.
Plaintiff No. 3 Sandeep Shah is present in person along with ID proof.
Plaintiff No. 4 Asit Shah is present in person along with ID proof.
Adv. Sushma Singh for D-1 present.
Adv. Pradip Patil for MCGM present.
Exh. 30 - Application filed by Plaintiff no. 2, 3 and 4 for dropping the
suit. The plaintiff no. 2 to 4 have also tendered copy of their ID proof
which are verified from the originals. Contents in the application are
read over and explained to them in vernacular. They have admitted the
contents in the application and categorically submitted that they do not
want to proceed with the suit and withdrawing the same
unconditionally. Though, the application is resisted by the Ld. Adv. for
the D-1 on the ground that unnecessary hardship has been caused upon
the D-1, therefore cost should be imposed while allowing the
application. Considering the submissions of both sides, it reveals that
the plaintiffs no. 2 to 4 are unconditionally withdrawing the suit.
Hence, in the interest of justice, application is allowed without imposing
any cost.
In view of withdrawal of the suit by the plaintiff no. 2, 3 and 4, suit
stands disposed off to the extent of plaintiff no. 2 to 4 only for want of
prosecution.
Order on Exh. 31
In terms of application Exh. 31 the plaintiff no. 3 and 4 do not want
to proceed with the NM No. 1034/20. Hence, the NM No. 1034 of 2020
stands disposed off for want of prosecution.
NM No. 1034 of 2020 is disposed off accordingly.
Suit to proceed to the extent of plaintiff no. 1 and 5 only.
Matter is adjd to 04.08.2023 for evidence.
Judge
-- 1 of 1 --