Final Order 1

Order Details: Order below exhibit
Pdf Text: 1 Order below Ex.6 in L.C.S.No.231 of 2021
CNR:MHCC010045772020
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
ORDER BELOW EX.6
IN
LONG CAUSE SUIT NO.231 OF 2021
Suhail Ahmed Ishkay .. Plaintiff
V/s.
1 Designated Officer & Anr. .. Defendants
Appearance:
Adv. Hardik Desai for plaintiff.
Adv. Smt. Kumud Soraan with Adv. Smt. Vidya Vyavahare for
MCGM/defendants.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 30/01/2023.
ORDER
1 Plaintiff alongwith his advocate is present. He filed this
application for withdrawal of the suit against the defendants. He
voluntarily submitted that in the above suit, for seeking adinterim
reliefs, plaintiff had moved this Hon'ble Court on 23/10/2020. On
23/10/2020, an officer of defendant No.2 viz. Shri.Bhushan Satish Patil
had made a statement before this Hon'ble Court that, without passing
speaking order i.e. without following due process of law, defendants
shall not take any action. In view of said order dt.23/10/2020, on
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2 Order below Ex.6 in L.C.S.No.231 of 2021
26/04/2021, a speaking order dt.24/04/2021 was served by the
defendant No.1 upon the plaintiff. In view of passing of said order, a
fresh suit i.e. L.C. Suit No.1106 of 2021 is being filed. Said suit is
pending for adjudication. In view of pendency of L.C.Suit No.1106 of
2021, there is no meaning in continuing with the above suit. Thus, the
plaintiff does not wish to pursue the above suit.
2 It reveals that the plaintiff is willing to withdraw the suit
unconditionally. Another suit on same cause of action is already
pending before this Court. This suit became redundant. Hence, there
shall be no hindrance to grant permission for withdrawal. Hence,
plaintiff is permitted to withdraw the suit unconditionally. Specific
order is passed below Ex.1.
Date:30/01/2023.
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Gr.Mumbai.
Dictated on :30/01/2023.
Typed on :30/01/2023.
Signed on :30/01/2023.
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3 Order below Ex.6 in L.C.S.No.231 of 2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31/01/2023 4.57 p.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
30/01/2023.
JUDGMENT/ORDER signed by P.O.on 30/01/2023.
JUDGMENT/ORDER uploaded on 31/01/2023.
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