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Bombay High CourtS/569/2017consent term

Lata Chimanbhai Thakkar And 2 ORS v. Kinner Pankajbhai Lakhani And 2 ORS

2023-10-18Hon'Ble Shri Justice S. M. Modak3 pages

by PALLAVI MAHENDRA WARGAONKAR Date:

2023.10.20 15:02:12 +0530 PALLAVI MAHENDRA WARGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.569 OF 2017 Lata Chimanbhai Thakkar and Ors.

...Plaintiff vs.

Kinner Pankajbhai Lakhani and Ors.

...Defendants WITH NOTICE OF MOTION NO.2004 OF 2017 IN SUIT NO.569 OF 2017 Lata Chimanbhai Thakkar and Ors.

...Plaintiff vs.

Kinner Pankajbhai Lakhani and Ors.

...Defendants WITH NOTICE OF MOTION NO.287 OF 2018 IN SUIT NO.569 OF 2017 Lata Chimanbhai Thakkar and Ors.

...Plaintiff vs.

Kinner Pankajbhai Lakhani and Ors.

...Defendants WITH NOTICE OF MOTION NO.2005 OF 2017 IN SUIT NO.569 OF 2017 Lata Chimanbhai Thakkar and Ors.

...Plaintiff vs.

Kinner Pankajbhai Lakhani and Ors.

...Defendants WITH NOTICE OF MOTION NO.1372 OF 2022 IN SUIT NO.569 OF 2017 Lata Chimanbhai Thakkar and Ors.

...Plaintiff vs.

Sushila Madhavlal Thakkar and Ors.

...Defendants 1/3

WITH NOTICE OF MOTION NO.981 OF 2018 IN SUIT NO.569 OF 2017 Lata Chimanbhai Thakkar and Ors.

...Plaintiff vs.

Kinner Pankajbhai Lakhani and Ors.

...Defendants WITH NOTICE OF MOTION NO.692 OF 2018 IN SUIT NO.569 OF 2017 Lata Chimanbhai Thakkar and Ors.

...Plaintiff vs.

Kinner Pankajbhai Lakhani and Ors.

...Defendants WITH NOTICE OF MOTION NO.601 OF 2018 IN SUIT NO.569 OF 2017 Lata Chimanbhai Thakkar and Ors.

...Plaintiff vs.

Kinner Pankajbhai Lakhani and Ors.

...Defendants ***** Mr. Naushad Engineer a/w Talha Siddiqui & Aditya Mithe i/b. Yogesh Naidu, Advocate for the Plaintiff.

Mr. Ashok M. Saraogi, Advocate for the Defendant Nos.1 and 2. Mr. Mitesh Thakkar, son of Plaintiff No.1 present. Mr. Nilesh Thakkar Plaintiff No.3 present.

Mr. Kinner Lakhani, Defendant No.1 present.

Ms. Rashmi Lakhani, Defendant No.2 present.

***** CORAM :

S. M. MODAK, J.

DATE :

18th OCTOBER 2023 2/3

P. C. :- 1.

Plaintiffs have settled the dispute with Defendant Nos.1 and 2. They have also entered into Consent Terms. It is marked as annexure "X" 2.

Plaintiff do not want to prosecute the suit against Defendant No.3. He has also affirmed the affidavit. It is on page 11 of the Consent Terms. Hence, Suit stands disposed of against the Defendant No.3. 3.

Consent Terms are signed by the following persons :- (i) Plaintiff Nos.1 and 3;

(ii) Plaintiff No.2 - Sushila Madhavlal Thakkar has already passed away;

(iii) Plaintiff No.3 is present;

(iv) Due to old age, Plaintiff No.1 is not present; (v) Defendant Nos.1 and 2. Both are present.

4.

The Defendants' counsel have identified their signature. 5.

In view of that, Suit is disposed of in terms of Consent Terms. Interim Applications/Notice of Motions also stand disposed of. 6.

Refund of Court fees as per Rules.

7.

Undertakings in the Consent Terms are considered as undertaking given to the Court.

[S. M. MODAK, J.] 3/3