Final Order 1

Order Details: Other
Pdf Text: 22/02/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
14
SU 2888/19
Exh.5
Exh.6
Exh.7
Adv Mr. Advait Sethna present for plff. and filed application Exh.5 for
deleting name of deft No.1 on account of death of deft No.1.
Adv Mr. Rakesh Pathak present for deft.No.2.
Adv for deft No.2 endorsed his no objection on application Exh.5.
Statement made in the application about causing death of deft No.1
on 25.06.2021 is supported by copy of death certificate produced with
the application hence, since the advocate for deft No.2 has no
objection, application Exh.5 is allowed.
Necessary amendment be carried out forthwith.
Judge
K.B.
L.O.
Amendment carried out as per the order passed earlier today.
Plaintiff Gajanan Raghunath Joshi is present in person with his
learned advocate Shri Advait Sethana.
Defendant No.2 is also present in person with his learned advocate
Shri Rakesh Pathak.
Plaintiff and defendant No.2 have filed notarized consent terms at
Exh.6.
Defendant No.2 has filed affidavit Exh.7 separately in support of the
consent terms.
On enquiry, plaintiff and defendant No.2 both have admitted the
contents of the consent terms to be true, correct and admissible to
both of them. They admitted that para 6 of the consent terms is
struck down by them by consent and they have counter signed the
said striking out of para 6 of the consent terms. In the result, suit
stands decreed in terms of consent terms Exh.6.
A consent decree be drawn up accordingly in terms of Exh.6.
Court fees be refunded to the plaintiff as per rules.
Proceeding is closed.
Authenticated copy of this roznama be given to the plaintiff and
defendant No.2 as per rules.
Judge
L.O.
Adv for plaintiff filed amended plaint at Exh.1/A.
Suit is disposed off earlier today.
Judge
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