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Court Order

Final Order 1

CNR MHCC01007406201929 Mar 2025
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 29 Mar 2025 · CNR MHCC010074062019

Order Details: Other
Pdf Text: Dt:29.03.2025
Sr. No. 3
SU 2973/23
Exhibit 2/C
CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Plaintiff No. 10 - Mr. Bipin Hasmukhbhai Doshi is present in
person. He informed that the plaintiffs want to withdraw the suit,
as the structure is demolished and the property went under
redevelopment. Adv. Mr. Jitendra Tiwari h/f Adv. Mr. Satyam
Dubey for the plaintiff is present. He submitted that plaintiff No. 1
- Jayantilal Lalji Mehta expired on 29.09.2020 and his LRs are not
interested to proceed with the matter, despite of intimation. In
view of this statement, the suit stands abated against plaintiff No.
1. He filed the application for withdrawal of the suit, along-with
self attested copy of Specific Power of Attorney executed by
plaintiff Nos. 2 to 9 and 11 to 14 in favour of plaintiff No. 10 –
Mr. Bipin Hasmukhbhai Doshi. Taken on record. It is marked as
Exhibit 2. O- Other side to say. Adv. Ms. Sangita Honmane for
defendant/MCGM is present when filed say on Exhibit 2. Heard.
O- Considering the reasons, as the plaintiffs are not willing to
proceed with the matter owing to demolition of the structure, they
are permitted to withdraw the suit. Record shows draft NM
(disposed of on 16.01.2025) is registered as NM No. 374/2025.
The suitable order follows below Exhibit 1.
Order below Exhibit 1:
In view of the Order on the application (Exhibit 2), the suit
stands disposed of as withdrawn unconditionally by the plaintiffs.
All the pending applications are, therefore, filed. The plaintiffs to
bear costs of this suit. Bill of costs be drawn-up accordingly.
The Original documents filed on record be returned to the
respective parties, on their submitting its Certified Copies, if the
documents are exhibited, or Self-attested True Copies, if the
documents are not exhibited, along-with undertaking to furnish
the originals as and when required by the Court. The concerned
Department to do the needful. The proceeding is closed.
Judge
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