Interim Order 1

Order Details: Order below exhibit
Pdf Text: MHCC010053082020
CNR NO.MHCC010053082020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXH.1
IN
SUIT NO.519 OF 2020
Sunil Sunkappa Jadhav ...Plaintiff.
V/s.
Moreshwar Shivram Tupe ...Defendant.
Appearances:
Ld. Adv. Mr. Ramesh Jain for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.13)
DATED : 15th February, 2021
ORAL ORDER
1. Heard Learned Advocate Mr. Ramesh Jain for plaintiff. He
stated that plaintiff does not want to proceed with the suit against the
defendant No.2. He also stated that plaintiff filed claim affidavit stating
therein the same.
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.. 2 .. O.B.Exh.1 in Su 519-2020
2. Perused claim affidavit Exh.3. It is mentioned therein that
defendant No.1 has not filed appearance after service of writ of
summons. Plaintiff be permitted to withdraw the suit against the
defendant No.2 for want of prosecution.
3. Perused Order 23 Rule 1 of the Code of Civil Procedure.
As per the said provision plaintiff can withdraw the suit unconditionally.
Hence, following order:
ORDER
1. Plaintiff is permitted to withdraw the suit against defendant no.2
unconditionally under Order 23 of Rule 1 of Code of Civil Procedure.
2. Suit against defendant no.2 is disposed off as withdrawn.
3. Suit be proceeded against defendant no.1 in accordance with Law.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.13)
Dt.: 15/02/2021 City Civil Court, Gr. MUMBAI
Dictated on : 15.02.2021
Transcribed on : 16.02.2021
Checked on : 16.02.2021
Signed on : 16.02.2021
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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.. 3 .. O.B.Exh.1 in Su 519-2020
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17.02.21 at 11.18 a.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 15.02.2021
Judgment/order signed by P.O. on 16.02.2021
Judgment/order uploaded on 17.02.2021
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