Final Order 1

Order Details: Chamber summons
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IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100974/2019
Mr. Hawaldar Amarnath Jaiswar Vs Mr. Vishwanath Sukhdev Jaiswar - deceased - Applicant -
Subedar Vishwanath Jaiswar
Date : 21-05-2019
Business : Mentioned by pracipe. NOB. TOB. Adv. C. P. Shenavi for
plaintiff is present. Exh. 1 - Plaint Exh. 2 - Vakalatnama. O-
Seen and filed. Exh. 2 A - Vakalatnama of Adv. Anil Bagve for
defendant. O- Seen and filed. Exh. 3 - Address Memo. O- R
and R. Exh. 4 - List of documents. O - Seen and filed. Exh. 5 -
Affidavit in support of plaint. Adv. Shenavi tendered draft Ch/
s with affidavit for bringing the L. R. of defendant on record.
Leave to register is granted. Adv. Shenavi submits that the
L.R. will appear in the matter today itself. Kept back. L.o. at
2.45 p.m. Adv. Shenavi tendered registered Ch/s no. 974/2019
with affidavit. The L.R. of defendant Mr. Subhedar
Vishwanath Jaiswar who is present in the Court and identified
by Adv. Shenavi, has given his no objection to allow the Ch/s.
It appears from the copy of death certificate that the defendant
died on 06.11.2017 at his native place namely Chaturbhujpur,
Dist - Jaunpur, U.P. Considering the consent given by the L.R.
Mr. Subhedar Jaiswar, the Ch/s is made absolute in terms of
prayer clause (a). Accordingly the L.R. is impleaded as
defendant. Impleadment be carried out. Exh. 6 - Consent
terms. Exh. 7 - Application for disposing the suit in terms of
consent terms. Order on Consent terms Exh. 6 Seen the copies
of Aadhar Card and identity card issued by Election
Commission in the name of defendant. Both the plaintiff and
defendant are present before the Court today. They are
identified by Adv. C. P. Shenavi. They have admitted the
truthfulness of the contents of the Consent terms and
execution thereof. Hence verified, read and recorded. Order
on Exh. 7 and Exh. 1. 1. Both the parties wish to dispose of
the suit in terms of the consent terms Exh. 6. In view of the
consent terms Exh. 6 the application Exh. 7 is allowed. The
suit is disposed off in terms of consent terms Exh. 6. 2. Decree
be drawn up accordingly. 3. Court fee be refunded to the
plaintiff as per rules. Order on NM No. 474/2017. In view of
the disposal of the suit the NM No. 474/2017 is also disposed
off.
Nature of Disposal : ALLOWED
Disposal Date : 21-05-2019
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