Interim Order 1

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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
ORDER BELOW EXHIBIT7
IN
S.C.SUIT NO.1433 OF 2018
Kulin Bhupathi Shah ...Plaintiffs
V/s
MCGM & Ors. ...Defendant
Ld.Advocate Mr.Amin for plaintiff.
Ld.Advocate Mrs.Mahatre for defendant no.1/BMC.
Ld.Advocate Mr.P.D.Gandhi for defendant no.2.
None for defendant no.3.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
C.R.No.8
DATED : 02nd November, 2018
ORAL ORDER
This is an application under O.XXIII R.1 of Code of Civil
Procedure, 1908 to delete prayer clause (d) of the plaint. In the case of
Anil Dinmani Shankar Joshi and another V/s Chief Officer, Panvel
Municipal Council, Panvel and another (AIR 2003 Bombay 238), it
is made clear that, no permission of the Court is necessary for the
plaintiff to unconditionally abandon his claim or any part of his claim
against all or one or more of the defendants. Abandonment is complete
as soon as the plaintiff informs the Court. No order of the Court is
necessary though the Court often passes formal order recording the
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abandonment. In view of this principle permission has to be granted to
the plaintiff to delete prayer clause(d) of the plaint and carry out
amendment accordingly on or before next date. Hence, following
order.
ORDER
1. Application is allowed.
2. Plaintiff is permitted to delete prayer clause (d) of the plaint and
carry out amendment in the plaint accordingly on or before next date.
(C.V.MARATHE)
DATE: 02/11/2018 JUDGE
CITY CIVIL COURT
GRATER MUMBAI
Dictated on : 02.11.2018
Transcribed on : 03.11.2018
Signed on : 03.11.2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
03.11.2018 at 5.15 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI C.V.MARATHE
(C.R. NO.08)
Date of Pronouncement of
JUDGMENT/ ORDER
01.11.2018
JUDGMENT/ORDER signed by P.O.
on
03.11.2018
JUDGMENT/ORDER uploaded on 03.11.2018
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