Final Order 1

Order Details: Other
Pdf Text: 15.06.2026
Sr. No. 124
CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
SU 2042/2019
Exh.11
Exh.12
Adv. Sampada V. Bhatkar present for plaintiff.
Adv. Vijay Sharma for defendant no.1 present.
Adv. Rahul Rathod for defendant/BMC present.
Exh.11-Mediation report received. O-Seen.
Advocate for plaintiff filed service affidavit on plaintiff nos.1 and 2.
TOR. She also filed consent terms. TOR and marked as Exh.12
Plaintiff nos.5a to 5c present. Though the plaintiff nos.5b and 5c
are shown as minor at the time of amendment of plaint, now they
are major as per their date of birth as shown in the copy of Aadhar
card standing in their name. The plaintiff nos.5a to 5c has served
notice to plaintiff nos.1 and 2 about withdrawal of this Suit but
they failed to appear as per the affidavit of service of Adv. Ramesh
Gupta filed on record. The plaintiff no.3, Bharti Ramdas Jagdale
reported dead. Advocate for plaintiff nos.5a to 5c submitted that
the plaintiff no.3 Bharti Jagdale died on 18.09.2020. Hence
considering submissions and as plaintiff nos.4a to 4e by way of
filing application at Exh.7 requested to delete their names from
this Suit and said prayer was allowed by my Ld. Predecessor hence,
it shows that plaintiff nos.1 and 2 as well as plaintiff nos.4a to 4e
are not interested to proceed with this Suit as well as considering
the death of plaintiff no.3, Suit is abated relating to the plaintiff
no.3.
Therefore, the report of Mediator filed on record at Exh.11
as well as the consent terms at Exh.12 are taken on record. The
plaintiff 5a to 5c and the defendant no.1 admitted the contents of
consent terms at Exh.12 and their signatures thereon, they were
identified by Adv. Sampada Bhatkar and Adv. Vijay Sharma
respectively. Hence considering the consent terms at Exh.12, Suit
stands disposed of as Compromised as per the consent terms at
Exh.12. Decree be drawn accordingly. CF be refund to the plaintiff
nos.5a to 5c proportionately.
Judge
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