Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101172/2019
Sachin Uttamchand Nagda Vs Nirmala Uttamchand Nagda
Date : 30-07-2022
Business : Adv.Yogini Gada for plaintiff present.
Adv.Santosh Jadhav for defendant No.2 present.
ORDER BELOW EXH.6
Heard the Ld.Adv.for the plaintiff. Read the roznama dated
23.05.2022 and 24.05.2022. Read the application for withdrawal of
suit against defendant No.3 to 6 filed at Exh.6. Read the service
affidavit filed at Exh.7 and annexures attached thereto. The
defendant No.3 to 6 are served with the application Exh.6. They
were informed about application for withdrawal of suit. They failed
to appear and file any reply to this application. Hence, I proceed to
pass order on Exh.6. As the plaintiff wants to withdraw the suit
against defendant No.2 to 6, application Exh.6 is required to be
allowed. Hence, I pass the following order.
ORDER
1. Application Exh.6 is allowed.
2. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application Exh.6 and today’s order passed thereon. The
plaintiff wants to withdraw suit against defendant No.3 to 6
unconditionally, hence, I pass the following order.
ORDER
Suit is dismissed against defendant No.3 to 6 as it is withdrawn
against them.
ORDER BELOW EXH.1
Read the order dated 20.06.2022, the plaintiff, defendant No.2 and
defendant No.7 by consent terms Exh.10 settled their dispute.
Consent terms are already read and recorded, hence, suit is required
to be decreed in terms of consent terms and in respect of plaintiff,
defendant No.2 and defendant No.7. Plaintiff No.1 has expired. Suit
is withdrawn against defendant No.3 to 6. Remaining parties are
plaintiff, defendant No.2 and defendant No.7. They have filed the
consent terms therefore suit is required to be decreed accordingly. In
the result I pass following order.
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ORDER
1. Suit is decreed in terms of consent terms in respect of plaintiff,
defendant No.2 and defendant No.7.
2. Plaintiff is entitled for refund of court fees as per rules.
3. Decree be drawn up accordingly.
ORDER IN NM NO.1778/2019
This motion is taken out by the defendant No.7 for condonation of
delay in filing written statement. The plaintiff, defendant No.2 and
defendant No.7 have filed consent terms and accordingly suit is
ordered to be decreed in terms of consent terms. Therefore, I pass
the following order.
ORDER
1. Notice of Motion No.1778/2019 is dismissed.
2. Parties to bear their own costs.
ORDER IN NM NO.1221/2019
This motion is taken out by the plaintiff for interim relief of
injunction. The plaintiff, defendant No.2 and defendant No.7 have
filed consent terms and accordingly suit is ordered to be decreed in
terms of consent terms. Therefore, I pass the following order.
ORDER
1. Notice of Motion No.1221/2019 is dismissed.
2. Parties to bear their own costs.
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