Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101221/2019
Sachin Uttamchand Nagda - Suit No.1172/19 Vs Nirmala Uttamchand Nagda And Ors
Date : 30-07-2022
Business : Adv.Yogini Gada for plaintiff present.
Adv.Santosh Jadhav for defendant No.2 present.
ORDER BELOW EXH.6
Heard the Ld.Adv.for the plaintiff. Read the roznama dated 23.05.2022
and 24.05.2022. Read the application for withdrawal of suit against
defendant No.3 to 6 filed at Exh.6. Read the service affidavit filed at
Exh.7 and annexures attached thereto. The defendant No.3 to 6 are
served with the application Exh.6. They were informed about
application for withdrawal of suit. They failed to appear and file any
reply to this application. Hence, I proceed to pass order on Exh.6. As
the plaintiff wants to withdraw the suit against defendant No.2 to 6,
application Exh.6 is required to be allowed. Hence, I pass the
following order.
ORDER
1. Application Exh.6 is allowed.
2. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application Exh.6 and today’s order passed thereon. The
plaintiff wants to withdraw suit against defendant No.3 to 6
unconditionally, hence, I pass the following order.
ORDER
Suit is dismissed against defendant No.3 to 6 as it is withdrawn
against them.
ORDER BELOW EXH.1
Read the order dated 20.06.2022, the plaintiff, defendant No.2 and
defendant No.7 by consent terms Exh.10 settled their dispute. Consent
terms are already read and recorded, hence, suit is required to be
decreed in terms of consent terms and in respect of plaintiff, defendant
No.2 and defendant No.7. Plaintiff No.1 has expired. Suit is withdrawn
against defendant No.3 to 6. Remaining parties are plaintiff, defendant
No.2 and defendant No.7. They have filed the consent terms therefore
suit is required to be decreed accordingly. In the result I pass following
order.
..2/
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ORDER
1. Suit is decreed in terms of consent terms in respect of plaintiff,
defendant No.2 and defendant No.7.
2. Plaintiff is entitled for refund of court fees as per rules.
3. Decree be drawn up accordingly.
ORDER IN NM NO.1778/2019
This motion is taken out by the defendant No.7 for condonation of
delay in filing written statement. The plaintiff, defendant No.2 and
defendant No.7 have filed consent terms and accordingly suit is
ordered to be decreed in terms of consent terms. Therefore, I pass the
following order.
ORDER
1. Notice of Motion No.1778/2019 is dismissed.
2. Parties to bear their own costs.
ORDER IN NM NO.1221/2019
This motion is taken out by the plaintiff for interim relief of injunction.
The plaintiff, defendant No.2 and defendant No.7 have filed consent
terms and accordingly suit is ordered to be decreed in terms of consent
terms. Therefore, I pass the following order.
ORDER
1. Notice of Motion No.1221/2019 is dismissed.
2. Parties to bear their own costs.
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