Final Order 1

Order Details: Other
Pdf Text: 04.04.2019
SU 5919/06
Exh 12
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Plff no.1a present. Adv absent.
Adv. Ms.D'souza for Defendant nos.2,5 and 6 present.
Plff no.1a filed draft Ch/s t.o.r.
Leave granted to register it.
Copy given to Defendant nos.2,5 and 6.
Other side to say.
K.B.
L.O.
Order below draft Chamber summons.
Read Chamber summons, affidavit in support of it, say of defendant nos.2,5 and 6.
Chamber summons is taken out by Plaintiff no.1a seeking amendment to correct surname
of Plaintiff no.1a and defendant no.1 by substituting “Khanvalkar” instead of “Khanvilkar”
in the plaint and cause title.
In my view proposed amendment does not change nature of suit and it is only to correct
typographical error. Therefore, propose amendment needs to be allowed. Hence, pass
following order.
ORDER
1. Draft Chamber summons is allowed and made absolute in terms of prayer clauses (a)
and (b).
2. Plaintiff is permitted to carry out amendment within period of two weeks.
3. Draft Chamber summons be registered for statistical purpose.
Accordingly, draft Chamber summons is disposed off.
K.B.
Judge
Later on at 5.30pm.
Plff no.1a present. Adv absent.
Adv. Ms.D'souza for Defendant nos.2,5 and 6 present.
Amendment carried out by Plaintiff as per order dtd.04.04.2019.
Disposed off draft chamber summons has been given registration no.749/19. It is already
dispose disposed off.
Ex.12 Appln. for withdrawal of suit and return of documents filed by Plaintiff no.1a t.o.r.
Verified him. He voluntarily admits withdrawing present suit as settlement has taken place
between the parties. Therefore, permission is granted to withdraw present suit. Plaintiff has
also sought return of original documents filed below list, Exh.5. Out of them documents at
Sr.Nos.1,3,4 and 5 below list, Exh.5 are already marked exhibit. So, Plaintiff has to file
certified copies of those documents and attested copy of document at Sr.no.2. On
production of certified copy and attested copy as per above directions, those documents at
Sr.no.1 to 5 filed below list, Ex.5 be returned to Plaintiff in terms of O-13 Rule 9 of CPC
and after returning those documents, acknowledgement in that respect be obtained from
Plaintiff.
Accordingly, application, Exh.12 is allowed and disposed off.
Order below Exh.1.
Plaintiff no.1a present. His application for withdrawal of suit vide Exh.12 has been
allowed. Therefore, suit stands withdrawn and accordingly disposed off.
Judge
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