Shivaji Bapu KatkarVsMHADA +1 more

Date: 13-11-2018
Business: Adv. Mr. Kharatmol for Plaintiff present and filed registered NM No. 4237/2018 with Affidavit in support.
Adv. Ms. Mangal Kadam for Defendant/MHADA present.
Earlier order to continue till next date.
Matter adj. to 07/02/2019 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2019

Date: 08-02-2019
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: Adv. Kharatkol for plaintiff present.
Adv. Mangal Kadam for defendant nos.1 and 2 present and filed surejoinder at Exh.10.
Ld. Advocate for plaintiff seeks adjournment for hearing. O- Granted.
By consent, adjd. to 01.03.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: Adv. Kharatmol for plaintiff present.
None present for defendant.
Advocate for plaintiff filed surrejoinder Exh.11.
On request of advocate for plaintiff adjourned to 14.03.2019 for hearing in Exhibit.7.
Next Purpose: HEARING
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: PO is on leave.
Next Purpose: HEARING
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: As court is busy in other old and urgent matters, board is discharged and this suit is adjourned to 05.07.2019.
Next Purpose: HEARING
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: None present  for the Plaintiff.
None present  for the Defendant.
Perused record and proceedings of the suit. It appears that on 24.01.2019, the Plaintiff had filed as application for withdrawal of the suit seeking liberty to file fresh suit on same cause of action. The said application exh.5 was rejected by my predecessor stating therein that no reason is mentioned in the application for granting leave to withdraw the suit with liberty to file fresh suit on same cause of action. The order was passed on 29.01.2019. Thereafter, on the same day, the Plaintiff has filed an application exh.7 and tendered apology of the court for making corrections in the application exh. 5. The said exh. 7 application is pending for orders. It reveals that after rejection of exh. 5 applications, the Plaintiff has made correction in exh. 5 stating unconditional withdrawal.  IN exh. 7, the advocate for the Plaintiff has specifically stated that the Plaintiff wants to withdraw the suit unconditionally, but by mistake he made correction in the same withdrawal application, which was rejected. But, in exh. 7 adv for the Plaintiff, has tendered apology mistake committed by him. In such facts and circumstances apology tendered by adv for the Plaintiff is accepted and accordingly exh. 7 stands disposed of. In view of recycle of exh. 5 and exh. 7, it appears that the Plaintiff is not interested to proceed further with the suit and want to withdrawn the suit unconditionally. Hence, suit is hereby disposed of as withdrawn in view of exh.5 and exh. 7.
Consequently N/M no. 4879/18 and 4237/18 are hereby disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 05-07-2019

NOTICE OF MOTION/104879/2018

Filing Number: 115005/2018
Filing Date: 04-11-2018
First Hearing Date: 13th November 2018
Decision Date: 05th July 2019
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE