Final Order 1

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IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104969/2019
Ashutosh Singh and Ors. Vs Radheshyam Dubey and Anr.
Date : 29-06-2022
Business : None for plaintiff. Adv. Sheetal Chavan for defendant no.2
present and filed application to take authority letter on
record. t.o.r. marked as Exh. 6 - allowed. On perusal of
record, it appears that the plaintiffs and defendant no. 2 had
filed consent terms Exh. 5 on 26-04-2022. The plaintiffs
constituted attorney and director of defendant no. 2 were
present before the Court on 26-04-2022. Today,
representative of defendant no. 2 filed authority letter with
application Exh. 5 as per directions of the Court given in
roznama dtd. 26-04-2022. Consent terms Exh. 5 are signed
by constituted attorney of plaintiff no. 1b and 1c i.e. plaintiff
no. 1a. Plaintiff no. 1a also signed the consent terms Exh. 5
in his individual capacity. Similarly, plaintiffs no. 2 and 3
and representative of defendant no. 2 namely Mohd. Nasim
signed it. Both sides are identified by their respective
advocates. As defendant no. 1 has already sold the suit
property to defendant no. 2, he is not necessary party to
compromise between the plaintiffs and defendant no. 2. As
defendant no. 2 has agreed to allot three flats to the plaintiffs
on terms and conditions mentioned in para 10 of the consent
terms,It appears that the parties are compromising the matter
voluntarily and by ensuring that their interest is protected.
Hence, consent terms Exh. 5 can be considered for recording
the compromise and passing the compromise decreed.
Hence, I pass the following order Order 1. S.C. Suit No.
702/14 is decreed in terms of consent terms Exh. 5. 2.
Consent terms Exh. 5 shall form part and parcel of the
compromise decree. 3. Court fee shall be refunded as per
rules and referred certificate shall be issued accordingly. 4.
Parties shall bear their own costs. 5. NM No. 3245/14 and
NM No. 4969/19 are disposed off having become
infructuous due to disposal of the main matter. 6.
Proceedings of S.C. Suit No. 702/14, NM No. 3245/14 and
NM No. 4969/19 are closed.
Nature of Disposal : OTHER
Disposal Date : 29-06-2022
COURT 66 ADDL SESSIONS JUDGE
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