Final Order 1

Order Details: Other
Pdf Text: 10.08.2023
Sr. No. 7
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2355/19
NM 3480/19
Plaintiff No.1 is present in person.
Adv. Mr. Khaire for the plaintiff is present.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant No.1 /MCGM
is present.
CA of defendant No.2 is present in person. His advocate is absent.
Order below Exhibit 5 :
01. Perusal the application, say of the plaintiffs and the record.
By this application, defendant No.2 asked for compensation of Rs. 2
Lakh from the plaintiffs for their harassment by filling this suit. The
plaintiffs resisted this application on the grounds that it is devoid of
merits. Moreover, Testamentary Suit No. 213/2016 is also pending
and defendant No.2 didn’t file even her stand in this matter. Having
considered their submissions, at the outset, it is worth notable that
the suit is at initial stage, where the defendant are yet to file their
reply to NM and written statement. The matter is filled in 2019 and
now the plaintiffs are proposing to withdraw the same as per pursis
Exh.3. On this backdrop, at no point of time, defendant No.2 could
establish her eligibility for compensation to the tune of Rs. 2 Lakh.
In the result, the application Exh.5 stands rejected.
Order below Exhibit 10 :
01. Perusal the application say of the plaintiffs and written notes
of defendant No.2. By filling this application, anxiety of defendant
No.2 is bring on record that she learned that as soon as, the suit is
withdrawn Officers of defendant No.1 would illegally regularize the
illegalities committed by the plaintiffs and therefore, if the plaintiffs
are allowed to withdraw this suit, direction be issued by defendant
No.1 to afford chance of hearing to her before passing any order of
regularization. Having considered the rival stands, it seems that the
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defendant No.2 already made various correspondence to defendant
No.1, objecting the said regularization in favour of the plaintiff. It is
notable that defendant No.1, being the Statutory Body, is having an
exclusive domain to decide the said aspect of regularization justly.
As such defendant No.2 is at liberty to exhaust the remedies legally
available to her at the time of consideration of the said proposal for
regularization. However, at this juncture, the alleged collusion isn’t
readily inferred and therefore, no such ‘direction’ as sought for, can
be issued against defendant No.1. In the result, the application filed
at Exhibit 10 stands rejected.
Order below Exhibit 3:
01. Perused the pursis, the intimation Exh.4 of plaintiff No.2 and
say-cum-applications Exh.5 and Exh.10 of defendant No.2. Heard.
While deciding the application Exh.5, it is observed that defendant
No.2 could not substantiate her eligibility for compensation of Rs. 2
Lakh. In the result, as the plaintiffs are not willing to proceed with
the matter, they are permitted to withdraw the suit unconditionally.
The suitable Order follows below Exh.1.
Order below Exhibit 1:
01. In view of the Order on the prusis (Exh.3) and the
application for compensation (Exh.5), the suit stands disposed of as
withdrawn unconditionally by the plaintiffs. All pending
applications, along -with NM No. 3480 of 2019, are, therefore,
disposed of as filed. The parties to bear their costs of this litigation.
Bill of costs be drawn-up accordingly. The proceeding is closed.
Judge
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