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Court Order

Final Order 1

CNR MHCC01007259201931 Jul 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 31 Jul 2019 · CNR MHCC010072592019

Order Details: Other
Pdf Text: 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&amp#039s 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can be passed to the effect that suit is withdrawn against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 :
Disposal Date :
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