Final Order 1

Order Details: Order below exhibit
Pdf Text: 1 Order below Ex.7 in L.C.S.No.3009 of 2019
CNR:MHCC010118292019
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
ORDER BELOW EX.7
IN
L.C.SUIT NO.3009 0F 2019
Mustafa Hasan Kutiyanawala .. Plaintiff
V/s.
1 Municipal Corporation For
Greater Mumbai & Anr. .. Defendants
Appearance:
Adv. A.R. Pande for plaintiff.
Adv. Sutar for MCGM/defendants.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 20/12/2022
ORDER
1 Plaintiff is present alongwith advocate. He filed this
application for withdrawal of the suit against the defendants. He
voluntarily submitted that suit property is a cess property and Mumbai
Building Repairs and Reconstruction Board is also a necessary and
proper party in the present suit. Suit is likely to fail because of non
joining of Mumbai Building Repair and Reconstruction Board and
MHADA as party defendants as they are competent authority to repair
the suit building. Therefore, it is necessary for the plaintiff to withdraw
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2 Order below Ex.7 in L.C.S.No.3009 of 2019
the present suit and to file a fresh suit by joining Mumbai Building
Repair and Reconstruction Board and MHADA as necessary and proper
party to the cause of action of the suit.
2 Adv. for defendants opposed the withdrawal. According to
him, there cannot be a fresh suit on the same cause of action.
3 It reveals that the plaintiff is willing to withdraw the suit
unconditionally. There is another Special Court/Forum dealing with
the matters pertaining to MHADA. This suit proceeding is yet not
commenced. No issue is decided on merit. Hence, considering the
submission made by plaintiff, I hold that there is no hurdle in granting
permission to plaintiff to withdraw the suit with permission to file fresh
one. Hence, application is allowed and specific order is passed below
Ex.1.
Date: 20/12/2022.
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Gr.Mumbai.
Dictated on :20/12/2022.
Typed on :20/12/2022.
Signed on :20/12/2022.
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3 Order below Ex.7 in L.C.S.No.3009 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/12/2022. 05.53 p.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
20/12/2022.
JUDGMENT/ORDER signed by P.O.on 20/12/2022.
JUDGMENT/ORDER uploaded on 20/12/2022.
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