Date: 03-05-2018
Reason For Adjournment: court time is over
Next Purpose: N/M DISPOSED OFF
Next Hearing Date: 18-06-2018
Date: 18-06-2018
Business: Adv. Ms. Bhagyashree Mangle for pltff present. Adv. Mr. Sangharsh Waghmare for Deft present. Mr. Bhimrao Shankar Kudale present before the court and he has again stated in respect of service on deft no. 1. According to him, deft no. 1 has accepted the service. He has pointed out signature of deft no. 1 on exh. A annexed alongwith his affidavit of service. It further from his affidavit, it discloses that service was done on deft no. 1 on 23.02.2017. It appears that on next date i.e. on 24.02.2017, Adv P. M. Kulkarni has appeared before the court on behalf of deft no. 1 and also filed Vakalatnama for deft no. 1. Thereafter on 13.04.2018 another advocate i.e present advocate appeared on behalf of deft no. 1 by filing Vakalatnama. According to deft no. 1, his signature is forged on exh 2 vakalatnama. He never appointed Adv P. M. Kulkarni for him. In such circumstance, it is for deft no. 1 to take appropriate action against Adv. P. M. Kulkarni. Exh.9 The plaintiff has tendered miscellaneous application on behalf of deft no. 1 under section 340 r/w section 195 (1), (b) of Cr. P. C. Perused application,. In view of above facts and circumstances, it is for deft no. 1 to take and initiate action against Advocate Mr. P. M. Kulkarni, if according to him, his signature is forged below exh. 2. Thus present miscellaneous Application is not maintainable in this suit and accordingly miscellaneous application exh. 9 is disposed of. On last date, the plaintiff has filed an application for withdrawal of the suit vide exh. 8. As per the directions, she has secured the presence of Bhimrao Shankar Kudale before this court. It appears from exh. 8 that the plaintiff wants to withdraw the suit and she is present before the court. According to her, MHADA has issued notice to the plaintiff for eviction and therefore the suit has become infructuous and she want to withdraw the suit. It appears that in the suit, the plaintiff has claimed relief of permanent injunction in respect of suit premises except by due process of law. According to her, now she received notice of eviction from MHADA. In this background it is just and proper to allow the plaintiff to withdraw the suit. Hence exh. 8 application is hereby allowed. In view of order passed below exh.8, suit is to be disposed of as withdrawn. Hence suit no. 500/17 stands disposed of as withdrawn. Consequently Notice of Motion no. 917/17 also stands disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 18-06-2018
