Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101104/2018
Mr. Ankush Kaloo Parab Vs Mrs. Pallavi Ashish Parab
Date : 08-04-2022
Business : At 12.40 PM. Adv. For defendant present. Exh-4
Adv. For defendant filed application for taking the
documents on record. TOR. Exh-5 Adv. For
defendant filed list of documents. TOR. Exh-6 Adv.
For defendant filed application for dismissal of suit.
TOR. Adv. For plaintiff stated that there is no
question of proceeding with suit as dispute is settled
between defendant and her husband. The suit is filed
by father in law. Adv. Devendra Shukla For plaintiff
stated that father in law expired. On perusal of plaint
the legal heirs of deceased plaintiff are already
brought on record. Plaintiff No.1 is present before
court. Adv. For plaintiff stated that he has no
objection to allow application filed by defendant to
dismiss the suit. ORDER below Exh.6 Plaintiff No. 1
is present. Adv. For plaintiff has made a stated that
as there is settlement in between plaintiff No.1 and
defendant who are husband and wife the application
may be allowed. Plaintiff no. 1 does not desire to
proceed with the suit. The suit was filed by deceased
defendant No.1 against defendant for declaration of
gift deed dt. 05.04.2008 as null and void and other
consequential reliefs. Defendant is present and adv.
For plaintiff stated that as per consent terms before
family court that she will re-gift the suit flat to
defendant no. 1. In application also there is
contention that as there is settlement between parties
before family court and plaintiff is not proceeding the
suit, the suit be dismissed. The stage of suit is for
hearing of notice of motion therefore the suit cannot
be dismissed at the most the notice of motion can be
decided if the parties are ready to proceed. With this
direction the application is disposed of. ORDER
below Notice of Motion No. 1104 of 2018 Adv. For
defendant stated that in view of consent terms before
Family court arrived between plaintiff No.1 and
defendant who are husband and wife he does not
desire to proceed with the notice of motion. The NM
is pending since 2017. As defendant is not
proceeding with notice of motion, the Notice of
motion is dismissed for non prosecution.
Nature of Disposal : ORDER
Disposal Date : 08-04-2022
COURT 66 ADDL SESSIONS JUDGE
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