Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103244/2019
Mrs. Supriya Vishal Pandit - Suit St. No. 5169 Of 2019 Vs Ms. Subhang S. Kulkarni
Date : 02-08-2023
Business : By precipe. Adv Vishal Navale for Plaintiff present and filed
precipe for matter taken on today&amp#039s board.
TOR. Exh.4(A) O- allowed. Power of attorney holder husband
of Plaintiff present. Adv Ravindra Singh a/w defendant nos. 3
and 4 present. Consent terms filed by both sides.TOR Exh.5
and Plaintiff filed application for intimating the Court that
defendant No.1 expired. TOR Exh.6. ORDER BELOW
EXHIBIT.5 The identity of defendant Nos. 3 and 4 is verified
from the Aadhar Card and copy of which is filed alongwith the
consent terms. Original Aadhar Card of defendant Nos. 3 and
4 is returned back to them after verification. The learned
Counsel for the plaintiff filed pursis at Exh.6 intimating the
Court that defendant No.1 expired on 17/08/2021 and she has
no surviving legal heir. The death certificate of defendant No.1
is filed at Exh.7, which is verified from the original and the
original is returned back to the plaintiff. The learned Counsel
for the plaintiff also pointed out that the defendant No.2 was
duly served vide show cause notice dated 02/08/2019,
however inspite of service the defendant No.2 failed to appear
in the proceedings. Even one Advocate Akshata Kohli i/b. S.C.
Pal appeared on 11/08/2021 on behalf of defendant No.2, but
no appearance was filed neither defendant No.2 filed any reply
to the Notice of Motion or filed Written Statement. Therefore,
the suit proceeded ex-parte against defendant No.2. Special
Power of Attorney holder of plaintiff and defendant Nos. 3 and
4 admitted to the terms and conditions of the consent terms.
The consent terms read and recorded. Special Power of
Attorney holder of plaintiff and defendant Nos. 3 and 4
admitted their signatures on the consent terms. Special Power
of Attorney also accepted the demand of Rs.39,50,000/-
towards the full and final settlement of the dispute. Hence,
consent terms Exh.5 is verified and accepted. ORDER 1. In
view of consent terms Exh.5 the Suit No.2280 of 2019 stands
disposed of. 2. Decree be drawn up accordingly. 3. Court fees
be refunded to the plaintiff as per the rule. 4. Suit is disposed
of accordingly. Order passed in NM No. 3244 of 2019 As suit
is disposed of as compromise, accordingly Notice of Motion
No. 3244 of 2019 stands disposed of being infructuous.
Nature of Disposal : CONSENT DECREE
Disposal Date : 02-08-2023
COURT 03 ADDL SESSIONS JUDGE
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