Final Order 1

Order Details: Order below exhibit
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101753/2018
1.Haresh M. Malde 2.Supriya Awate 3.Rohan Awate 4.Chetan J.Mota 5.Vimla Ben
J.Mota 6.Sunil B.Sawant Vs M/s. New Look Constructions Pvt. Ltd.
Date : 25-04-2023
Business : Adv. Ganesh Dhonde for plaintiffs present.
Adv. Harish Pawar for defendant present.
Kept back.
Later on called out at 3.58 p.m.
Adv. Ganesh Dhonde for plaintiffs present and filed pursis
informing that plaint is not signed by plaintiff Nos.3 and 9 and
they may be deleted from the plaint. Pursis TOR. Exh.05.
Adv. S. S. Redekar for defendant present.
Read the plaint, it is signed by the constituted attorneys of the
plaintiffs. The copy of POA which was filed at the time of filing
of suit is at page No.513. Said POA is not signed by plaintiff
No.3 Mohan Awate and Plaintiff No.9 Direndra Swarup. Hence,
technically they are not the plaintiffs, therefore, the plaintiff is
allowed to delete the name of plaintiff Nos.3 and 9 from the
title cause of the plaint, ordered accordingly. Suit is dismissed
against plaintiff Nos.3 and 9.
Plaintiff in view of order passed in pursis Exh.05, complied
with the amendment by deleting the name of plaintiff Nos.3
and 9.
The plaintiff Nos.1, 2, 4 to 8,10 to 25 and the defendant today
filed consent terms and settled their dispute. They have filed
true copy of POA dated 13.04.2018 at Exh.V alongwith the
consent terms. The plaintiff Nos. 1, 2, 4 to 8,10 to 25 through
their constituted attorney - plaintiff Nos.4, 6 and 8 have signed
the consent terms. The plaintiffs and defendant are identified
by their respective advocates. Read the consent terms, read the
undertakings made therein. The consent terms are read over
and explained to the constituted attorneys of plaintiffs and the
defendant. They voluntarily admit and accept the contents
therein. Hence, I pass the following Order.
ORDER
1. Consent terms are taken on record and marked as Exh.06.
2. Undertakings made in the consent terms are accepted.
3. I proceed to pass order below Exh.01.
Order below Exh.01.
Read the consent terms Exh.06 and today's order passed
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thereon. Plaintiff Nos.1, 2, 4 to 8,10 to 25 and defendant have
settled their dispute. Suit is dismissed against plaintiff Nos.3
and 9. As the remaining plaintiffs and the defendant have
settled the dispute by consent terms Exh.06, suit is required to
be decreed in terms of consent terms. Hence, I pass the
following order.
ORDER
Suit is decreed for plaintiff Nos.1, 2, 4 to 8,10 to 25 and
defendant in terms of consent terms Exh.06.
Decree be drawn accordingly.
Order in Notice of Motion No.3750/18.
As the suit is disposed of in terms of consent terms, hence,
Notice of Motion No.3750/2018 is disposed off as infructuous.
Nature of
Disposal
: CONSENT DECREE
Disposal
Date
: 25-04-2023
COURT 62 ADDL SESSIONS JUDGE
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