Date: 31-07-2019
Business: Advocate Ms. Sayle Puri for Plaintiff present and submitted that within a week office objections will be complied and suit will be registered. Advocate for Plaintiff filed registered Notice of Motion no.2832/2019 with affidavit in support, t.o.r.
Advocate Mr. Kapil Vishwas Zodge for Defendant no.4 and 5 present
Plaintiff\''s advocate submitted that parties are going to file consent terms today itself.
K.B. L.O.
Advocate Mr. P. V. Nichhani @ Plaintiff present and filed consent terms which are marked as Exh.4.
Defendant no.1 to 3 present.
Advocate Mr. Kapil Zodge @ Defendant no.4 and 5 present.
Advocate Mr. V. C. Singh for Defendant no.6 present and submitted that in consent terms Exh.4, Plaintiff and Defendant nos.1 to 5 have contended that they are withdrawing the suit against Defendant no.6 society, hence he has no objection for accepting consent terms, however order for disposal of suit against Defendant no.6 can be passed to the effect that suit is withdrawn against Defendant no.6.
VERIFICATION
Defendant nos.1 to 3 submitted that they are not intending to engage any lawyer but they are entering into consent terms in person. Advocate Mr. Nicchani submitted that Defendant nos.1 to 3 being brother and nephews of Plaintiff are identifying by Plaintiff and as advocate for Plaintiff advocate Mr. Nicchani also giving their identification. Considering submissions for the purpose of identification of Defendant nos.1 to 3 they are directed to file self attested photocopies of their Adhar card or any document for their identification as like driving license, PAN card, etc. Plaintiff is also directed to make his counter signatures on such photocopies so that in future no dispute about identity of Defendant nos.1 to 3 should arise before any court. Attested copies of Adhar and PAN card if any filed by Defendant nos.1 to 3 be annexed to consent terms Exh.4 and they should be treated as part and parcel of consent terms Exh.4. Plaintiff and Defendant nos.1 to 5 submitted that after perusing and understanding contents of consent terms they have signed those consent terms however Plaintiff and Defendant nos.1 to 5 are directed to sign consent terms once again before the court.
ORDER BELOW EXH.1
1. Suit stands disposed off against Defendant nos.1 to 5 in terms of consent terms Exh.4 and suit stands disposed off as withdrawn unconditionally against Defendant no.6 society.
2. Decree be drawn up accordingly.
3. As Plff. and Deft. nos.2 to 5 have entered into consent terms for partition decree, parties are directed to register the decree by paying requisite stamp duty as required by Registration Act.
4. Notice of Motion No.2737/19 and 2832/19 also stands disposed off accordingly.
5. Suit be registered for statistical purpose.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 31-07-2019