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Court Order

Final Order 1

CNR MHCC01007529201931 Jul 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 31 Jul 2019 · CNR MHCC010075292019

Order Details: Notice of Motion
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that suit is withdrawn against Defendant no.6.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 Plaintiff and Defendant 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.
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