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Court Order

Final Order 1

CNR MHCC01012035201918 Jul 2022
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 18 Jul 2022 · CNR MHCC010120352019

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :SUIT/0103411/2019
Mahadev Gangaram Kamble Vs MCGM
Date : 18-07-2022
Business : Adv. Babita Pandey hf adv. Vikas Shivgan present for
plaintiff. CA of plaintiff is also present. Adv. Chandramore
present for defendant/MCGM. Plaint Vakalatnama. O- Seen
and filed. Address Memo. O- R and R. List of documents. O
- Seen and filed Affidavit in support of plaint Adv. Babita
for plaintiff and tendered application for withdrawal of suit
with liberty t.o.r. marked as Exh. 06. Adv. For
defendant/MCGM filed say on Exh. 06 itself. Heard
arguments of ld. Adv. For plaintiff and ld adv. For
defendants /MCGM on application exh. 06. Order on Exh.
06. Order- Perused the application, say of the
defendant/MCGM and record. From the application an
submission of Ld. Adv. For plaintiff, it appears that, it is not
the case of plaintiff that, suit may fail for some formal
defect and there appear no sufficient ground for allowing
the plaintiff to institute fresh suit in respect of subject matter
of suit. Therefore, there is no just cause for grant of liberty
to institute fresh suit in respect of the subject matter. Hence,
application Exh. 06 is dismissed. Advocate for plaintiff
submitted that, plaintiff plaintiff wants to withdraw the suit
unconditionally. Plaintiff is master of his case. Hence it will
be appropriate to permit the plaintiff to withdraw the suit
unconditionally as prayed. Hence, plaintiff is permitted to
withdraw the suit unconditionally. Adv. For plaintiff
submitted to dispose of the suit as withdrawn
unconditionally. Hence suit is disposed of as withdrawn
unconditionally. As the suit is disposed off, notice of motion
no. 457/2020 does not survive. Hence notice of motion no.
457/2020 is disposed off. Proceeding is closed.
Nature of Disposal : WITHDRAWL
Disposal Date : 18-07-2022
COURT 08 ADDL SESSIONS JUDGE
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