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Court Order

Final Order 1

CNR MHCC01008684201903 May 2024
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 03 May 2024 · CNR MHCC010086842019

Order Details: Order below exhibit
Pdf Text: 03.05.2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 144/20
Exh. 6
Exh. 7
Adv. Nehal Gaikwad i/b Clove Legal for Plaintiff present.
Plaintiff no. 2 Mayur Mahendrda Chheda is present.
Plaintiff No. 3 Dhiren Kisanlal Doshi is present.
Adv. Pradeep Patil for MCGM present.
Ld. Adv. for plaintiff has filed an application for passing abatement
order to the extent of plaintiff no. 1 in view of his death along with copy
of death certificate. Taken on record and marked at Exh.6
Order on Exh.6
Application is supported by the copy of death certificate of the plaintiff
no. 1 which shows that the plaintiff no. 1 is expired on 08.06.2022.
Hence, considering these circumstance, application Exh. is allowed.
Accordingly, suit stands abated to the extent of plaintiff no. 1 in view of
his death.
Ld. Adv. for plaintiff has filed an application for withdrawl of suit. Taken
on record and marked at Exh.7
Order on Exh.7
Contents in the application are read over to the plaintiff no. 2 and 3 in
the presence of their advocate and they have admitted the contents in
it. Since the plaintiff no. 2 and 3 are voluntarily withdrawing the suit
unconditionally. Hence, application for withdrawal of suit is allowed.
In view of application Exh. 7 and order passed on it, L. C. suit No.
144 of 2020 stands disposed of for want of prosecution as withdrawn.
Ld. Adv. for plaintiff not pressed the notice of motion no. 4471/19.
Hence, NM No. 4471/19 stands disposed of for want of prosecution.
L. C. Suit No. 144 of 2020 and notice of motion No. 4471 of 2019
stands disposed of accordingly.
Judge
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