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Bombay High CourtCHOL/73/2025disposed off

Aaliya Islam Amer v. Shagufta Shamsul Islam And 3 ORS.

2025-03-17S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th March, 2025.

CALLED FOR HEARING AND FINAL DISPOSAL:

1. CHOL/73/2025 in SL/9668/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Urvashi D. Mehra, Advocate for the Applicant (Plaintiff No.2).

Mr. Prakash Mahadik, Advocate for Plaintiffs. P.C.:

1. This Chamber order is taken out by the Plaintiff No. 2, Aaliya Islam Amer, for discharge of her Advocate, Prakash Mahadik in Suit (Lodg.) No. 9668 of 2022.

2. The Ld. Advocate in Affidavit in support has mentioned the reasons for discharge. The Vakalatnama is filed on behalf of all the Plaintiffs in the Suit by Advocate Prakash Mahadik.

3. The Applicant [Plaintiff No. 2] has filed this Chamber Order under Bombay High Court (Original Side) Rules, 1980 for discharging the Vakalatnama of Advocate Prakash Mahadik for Plaintiff No.2. However, I cannot allow one of the Plaintiffs to act separately from and inconsistently with the other when cause of action is same. The Suit is filed by both the Plaintiffs. Mr. Prakash Mahadik Advocate is appearing for both the Plaintiffs.

4. It is pertinent to mention here that out of the two Plaintiffs, only one Plaintiff i.e. Aaliya Islam Amer, has filed this application for discharge of Advocate Prakash Mahadik without obtaining consent of other Plaintiff. In view of the above, the Advocate, Urvashi D. ...2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mehra cannot be permitted to seek discharge only for Plaintiff No.2, when the Plaintiffs Nos. 1 and 2 are already represented by Advocate, Prakash Mahadik.

5. Chamber Order is rejected and disposed of accordingly.

17.03.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master