Hansa Bhagvandas Devani v. Phalguni Panday Nee Devani And ANR.

30-S-372-22.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 372 OF 2022 Hansa Bhagvandas Devani ...Plaintiff

Versus

Phalguni Panday nee Devani & Anr.

...Defendants ---------- Mrs. Temkar for the Plaintiff.

---------- CORAM :R.I. CHAGLA J DATE :8 March 2023 ORDER :

1.

Matter is on board, mentioned out of turn at 2.30 p.m. 2.

The learned Advocate appearing for the Plaintiff tenders Affidavit of the Plaintiff dated 23rd February 2023, which is taken on record. It is stated in the Affidavit that the matter is amicably settled between the Plaintiff and the Defendants.

3.

Learned Advocate for the Plaintiff accordingly, seeks leave to withdraw the Suit No. 372 of 2022 and prays for the refund 1/2

30-S-372-22.doc of Court fees.

4.

Accordingly, the Suit No. 372 of 2022 is disposed of as withdrawn.

5.

Interim Applications, if any filed in the above Suit do not survive and are accordingly disposed of.

6.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. [R.I. CHAGLA J.] 2/2