Final Order 1

Order Details: Other
Pdf Text: 3 Dt:29.04.2023
SU 7466/03
Exh. 5
CORAM : H.H.J. SHRI. R. B. PARVEKAR( C.R. No. 06 )
Advocate Shreyas Lele a/w Nayan Mahar I/b Khaitan Legal
Associates for plaintiff present and filed registered Notice of
Motion No. 1547/2020 and not pressed the same.
Adv for plaintiff filed application for withdrawal of suit
Marked as Exh. 5. O Other side to say.
Adv. Nitin G. Raut for defendant No. 2 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Order below Exh. 5
ORAL ORDER
Today, plaintiff no. 1 Shyam N. Tody
(President of plaintiff no. 3 trust), plaintiff no.2 Nirmal
Jhunjhunwala (Secretary of of plaintiff no. 3 trust) along
with counsel, learned advocate for defendant no.1/BMC
and defendant no.2 are present before the Court. On
perusal of certified true copy of resolution dated
28.04.2023, it appears that plaintiff no.3 trust passed a
resolution and authorized plaintiff no. 1 and 2 to execute all
necessary documents which result in withdrawal of present
suit. Plaintiff no. 1 and 2 filed photocopy of Aadhar card in
respect of their identity. Defendant nos. 1 and 2 have no
objection for withdrawal of present suit. Plaintiff no. 1 and
2 and on behalf of plaintiff no. 3 submitted before Court
that matter is amicably settled out of Court. Therefore, they
do not want to proceed further in present suit. Considering
the grounds mentioned in the application, permission to
withdraw present suit under OrderXXIII Rule 1 of The
Code of Civil Procedure is granted to plaintiff. Necessary
order is passed below Exh.1.
Order below Exh. 1
ORAL ORDER
Plaintiff not pressed Notice of Motion no. 1547 of 2020.
Already permission to withdraw suit is granted to plaintiff
vide Exh.5. Hence, Notice of motion 1547 of 2020 does not
survive. In view of order passed below Exh.5, I proceed to
pass following order :
ORDER
1. Suit No. 7466 of 2003 stands withdrawn and disposed
of.
2. Court fees be refunded to plaintiff as per rule.
3. Notice of Motion no. 1547 of 2020 stands disposed of
4. Accordingly, proceeding is closed.
Judge
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