Final Order 1

Order Details: Order below exhibit
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
COMMON ORDER BELOW EXH.3 AND 4
IN
L.C.SUIT NO. 2925 OF 2019
Rewati Sharan Goswami …. Plaintiff
V/s.
M/s. Rub Berwala And Royal Developers
& Ors. ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 09/01/2024
Adv. Mr.Sanket Mungale for plaintiff.
Adv. Ms. Meena Dhuri for the defendants/BMC.
ORAL ORDER
Today, plaintiff alongwith his advocate are present
before the Court. Plaintiff filed application for dismissal of suit
against defendant No.2 vide Exh.4. He submitted before Court
that plaintiff do not want to proceed further in the present suit
and seeks permission to withdraw present suit unconditionally.
It is the contention of the plaintiff that matter is amicably
settled with defendant No.1 out of Court. Plantiff has not
sought any relief against defendant No.2. He placed photocopy
of Aadhar Card in proof of his identity. It is mentioned by
plaintiff that there is no stay order in the present suit granted
by Hon'ble Appellate Authority. Plaintiff Rewati voluntarily
accept contents in application at Exh.3 and 4 alongwith his
-- 1 of 3 --
2
signature. It is settled law that plaintiff is a dominus litis.
Considering the grounds mentioned in the application, it is just
equitable in the eye of law to grant permission to the plaintiff
to withdraw the present suit under Order XXIII Rule 1, 4(a) of
the Code of Civil Procedure, I proceed to pass following order.
ORDER
1. Plaintiff is permitted to withdraw L.C. Suit No.2925/2019
is granted to the extent of defendant Nos.1 and 3
2. Suit is dismissed against defendant No.2.
3. Necessary order is passed below Exh.1.
Date:09/01/2024 (R. B. Parvekar)
Ad-hoc Judge, City Civil Court
Gr. Mumbai
Dictated on: 09/01/2024
Typed on :09/01/2024
signed on :
-- 2 of 3 --
3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11/01/2024 05.30 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
09/01/2024
JUDGMENT/ORDER signed by
P.O.on
11/01/2024
JUDGMENT/ORDER uploaded on 11/01/2024
-- 3 of 3 --