Final Order 1

Order Details: Notice of Motion
Pdf Text: 26 to 28
12/01/2024
SUIT 2691/19
NM 3938/19
NM 128/20
CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Anand Bhatia for defendant No.1 present.
Kept back for order.
Matter called out at 4.01pm
Plaintiff present-Navin Shantilal Dehia.
Adv.Ravindra Singh for plaintiff present. He filed application
(Exh-10) to withdraw the suit.
The defendant No.1 has already filed an application at Exh-5 stating
that suit be disposed off as it has become infructuous now the
plaintiff wants to withdraw the suit keeping open his rights
available to seek remedy as per law. In such circumstances no
prejudice will cause to defendants if the plaintiff is permitted to
withdraw the suit. Accordingly Exh-10 is allowed. Suit is disposed
off as withdrawn. The plaintiff shall have liberty to take recourse to
the legal remedies available as per law. Court fee be refunded as
per the rules.
In view of disposed off the suit both N/M do not survive accordingly
N/M No.128/2020 and N/M No.3938/2019 are disposed off.
It is submission Ld.Adv. for the plaintiff in view of the disposed off
the suit application exhibit-5 moved by defendant be made
absolute. As suit is disposed off application Exh-5 does not survive
hence disposed off.
Judge
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