Final Order 2

Order Details: Order below exhibit
Pdf Text: 1 Order below Ex.8 in L.C.S.No.1261 of 2018
CNR: MHCC01-006108-2018
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
ORDER BELOW EX.8
IN
L.C.SUIT NO.1261 0F 2018
Mr. Mufaiz Ziauddin Nawrange .. Plaintiff
V/s.
1) The Municipal Corporation of
Greater Mumbai & Anr. .. Defendants
Appearance:
Adv. Shukla for plaintiff.
Adv. Sutar for MCGM/defendants.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 10/11/2022
ORDER
1 Plaintiff has filed this application for withdrawal of the suit
in order to enable him to file appropriate proceedings in Waqf Tribunal.
Defendant/Corporation has filed reply. Application is opposed for
conditional withdrawal.
2 Plaintiff is personally present before the Court. It is
submitted that suit property is a Waqf property and plaintiff is required
to take appropriate proceedings before the Waqf Tribunal. Therefore,
in order enable him to initiate proceedings before the Waqf Tribunal, he
-- 1 of 3 --
2 Order below Ex.8 in L.C.S.No.1261 of 2018
needs to withdraw the present suit.
3 It transpires that plaintiff's property is a Waqf property and
therefore, he is required to appear before the Waqf Tribunal.
Appropriate forum is available for the plaintiff to initiate the
proceedings and for that purpose, he wants to withdraw the suit.
4 Application is opposed by the defendant/Corporation.
However, it reveals that there is no hurdle in withdrawing the present
proceedings by the plaintiff as he is entitled to do so. So far as filing of
appropriate proceedings before the Waqf Tribunal is concerned, the
plaintiff is at liberty to file it before the appropriate forum and said
forum will decide the entitlement and locus standi of the plaintiff to file
said proceedings. No prejudice will be caused to the defendant, if
plaintiff is permitted to withdraw the present suit. Plaintiff's
voluntariness for withdrawing the suit is visible from the face of record
and his oral submission. Hence, I hold that the plaintiff deserves to be
permitted to withdraw the suit. Hence, following order is passed.
ORDER
1 Application Ex.8 is allowed.
2 Specific order is passed below Ex.1.
Date: 10/11/2022.
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Dictated on :10/11/2022. Gr.Mumbai.
Typed on :14/11/2022.
Signed on :14/11/2022.
-- 2 of 3 --
3 Order below Ex.8 in L.C.S.No.1261 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
14/11/2022 5.45 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
10/11/2022.
JUDGMENT/ORDER signed by P.O.on 14/11/2022.
JUDGMENT/ORDER uploaded on 14/11/2022.
-- 3 of 3 --