Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101904/2018
Mrs. Salan Balu Shivgand Vs 1. Mr. Ramchandra Rongya Valvatkar 2. Smt. Parvati Prabhakar Nandgaonkar 3. Mr. sunil
Prabhakar Nan
Date : 02-09-2024
Business : Plaintiff alongwith her Adv.Bhimrao Powar is present and filed
withdrawal application. It is taken on record and marked as
Exh.7 Adv. Harshada Kamble for all defendant is present and
filed her reply below the application itself. Order below Exh. 7
Today plaintiff has filed application for withdrawal of suit
against defendants with liberty to file fresh suit The defendants
have given no objection for allowing the withdrawal of suit.
The present suit is for the perpetual injunction and recovery of
possession of suit premises. However, it is not cleared by the
plaintiff the nature of fresh suit which she wants to file against
defendants. Therefore, taking into consideration the peculiar
fact of no objection of defendants and absence of nature of
proposed suit I think fit that this is not the fit case where
liberty to file fresh suit can be granted, so in the result
following order is passed. ORDER 1. The application (Exh-7)
is allowed. 2. Suit No. 1904 of 2018 is hereby withdrawn cum
dismissed for want of prosecution. 3. In view of withdrawal of
suit, Notice of Motion No.2569 of 2018 does not survive, so it
is disposed of. 4. Court fees be refunded to the plaintiff if she
is entitled for the same as per rules. 5. Bill of cost be drawn
accordingly.
Nature of Disposal : WITHDRAWL
Disposal Date : 02-09-2024
COURT 62 ADDL SESSIONS JUDGE
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