Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101190/2018
Zahoor Ahmed Nizamuddin Shaikh Vs 1.Mansur Ahmed Nizamuddin Shaikh 2.Click
Investments and Trading Co. Pvt Ltd
Date : 08-08-2022
Business : Adv.Wasim Ansari for plaintiff present.
Adv.Navia Hashmi for deft.No.1 present.
Adv.T.Kapadia h/f.Adv.M.A.Khan for deft.No.2 present.
The pltff. filed appln. a/w.copy of consent terms to make
corrections in pursis Exh.11 t.o.r. and marked as Exh.13.
Heard the pltff. Following order is passed on Exh.13.
ORDER BELOW EXH.13
It is the contention of the pltff that he has filed pursis
for withdrawal of the suit. On 28.04.2022 at Exh.11 in the said
pursis inadvertently appearance of plaintiffs advocate is
mentioned as adv.for deft.No.2. The pltff wants to correct the
said defect. Adv.Wasim Ansari is appearing for pltff. However,
in the pursis Exh.11 it is wrongly mentioned as Adv.for
deft.No.2. The pltff. is allowed to correct the error in pursis
Exh.11.
In view of above order Adv.Ansari carried out
corrections in Exh.11.
ORDER BELOW EXH.11
The pltff wants to withdraw the suit unconditionally in
view of consent terms in SU No.2399/2017. As stated in
roznama dated 28.04.2022, deft.No.1 to 5 have no objection
for said withdrawal. The applicant Manzoor Ahmed Haji
Nijamuddin vide pursis Exh.12 submitted his no objection to
allow the pltff. to withdraw the suit.
As the pltff wants to withdraw the suit unconditionally
and in view of consent terms in SU No.2399/2017, suit is
require to be withdrawn. Hence, pursis Exh.11 is allowed. I
proceed to pass order below Exh.1
ORDER BELOW EXH.1
Read the pursis Exh.11 and pursis Exh.12. The plaintiff wants
to withdraw this suit unconditionally and in view of consent
terms in SU No.2399/2017, the defendants have no objection
for the same. Adv. appearing for deft.No.1(a) to 1(e) as
submitted in roznama dated 04.01.2022 has not filed
vakalatnama. However, considering the fact that parties have
settled their dispute and in view of same the plaintiff wants to
withdraw the suit, hence, I pass the following order.
Contd..2/
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ORDER
1. Suit is dismissed as withdrawn.
2. Plaintiff is entitled for refund of fees as per rule.
ORDER BELOW CHAMBER SUMMONS NO.1798/18
In view of withdrawal of the suit and pursis Exh.12 filed by the
applicant in chamber summons, I passed the following order.
ORDER
Chamber summons is dismissed.
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