Final Order 1

Order Details: Order below exhibit
Pdf Text: Dt 07.10.2020
ST 4419/2020
Exh.5
Exh.6
CORAM : H.H.J SHRI.U. J. MORE(C.R.NO.8)
NOB TOB (By preceipe)
Adv. Kharatmol for Plaintiff present and tendered application for
withdrawal of Suit, t.o.r. and marked as Exh.5. He also tendered
application for allowing Plaintiff to appear the Court, t.o.r. and
marked as Exh.6.
Adv. Khandagale for Defendant/MCGM present.
Order on Exh.6.
Plaintiff wants to withdraw Suit. Hence, Plaintiff's presence is
required. Permission is granted to attend Court today for withdrawal
purpose only.
K.B.
Authenticated copy be given to the Plaintiff.
L.O. at 12.34 p.m.
Mr. Rameez Shaikh is present in the capacity as a President of Trusty
of Dargaah Baba Mohammed Ramzan Shah. He has filed withdrawal
application at Exh.5.
Order on Exh.5 Other side to say.
Advocate for Defendant MCGM has given say on Exh.5 itself.
Plaintiff wants to withdraw the Suit for filing fresh Suit. Ld. Advocate
for Defendant strongly objected to withdraw the Suit with leave to file
fresh Suit. It seems, as per the argument advanced by advocate
Kharatmol for Plaintiff that in this suit, there was mistake in
mentioning Suit structure. Plaintiff wants to file fresh suit on same
cause of action against the BMC.
Heard both sides. The reason to file fresh Suit are genuine and
appropriate opportunity will be given to the Defendant if permission
to institute fresh suit is granted. Hence, order
ORDER
1. In view of withdrawal application at Exh.5, Suit is withdrawn
as disposed off accordingly with permission to file fresh Suit on
same cause of action.
2. In view thereof, draft NM stands disposed off accordingly.
3. Court fee be refunded to the Plaintiffs as per rules.
4. Suit Stamp and draft NM be registered for statistical purpose.
Authenticated copies be given to the both parties.
Judge
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