Bombay High Court
Pushpa Kapilmuni Chaurasia And Anr vs Usha Shivnath Barai And Ors on 27 July, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
16.ia(l).4576.2022.doc
Digitally
signed by
GANESH
GANESH
SUBHASH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUBHASH LOKHANDE
LOKHANDE Date:
2022.07.28
14:55:09
ORDINARY ORIGINAL CIVIL JURISDICTION
+0530
INTERIM APPLICATION (L) NO. 4576 OF 2022
IN
SUIT (L) NO. 11819 OF 2021
Pushpa Kapilmuni Chaurasiya .. Applicant/
Org. Plaintiff No. 1
IN THE MATTER BETWEEN:
Pushpa Kapilmuni Chaurasiya & Anr. .. Plaintiffs
Vs.
Shailesh Chandrashekhar Verma & Anr. .. Defendants
Sanjay Palshikar i/b Utsav Sarvaiya for the Applicant.
E. B. Sivakumar, 1st Asst. to Court Receiver is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- JULY 27, 2022. P. C.:
1. The above Interim Application is filed by Original Plaintiff No. 1 (Pushpa Kapilmuni Chaurasiya) seeking permission of the Court to allow her to withdraw from the above Suit unconditionally.
2. The above Suit is filed for seeking a declaration that the Plaintiffs are the co-owners of the suit properties (more particularly described in 'Schedule- I' of the Plaint) and for seeking partition thereof.
Utkarsh page 1 of 2
16.ia(l).4576.2022.doc
3. Original Plaintiff No. 1 does not wish to proceed with this Suit and therefore wants to withdraw from the Suit unconditionally.
4. Having heard the learned counsel appearing on behalf of Original Plaintiff No. 1 and after perusing the Interim Application it is ordered that Original Plaintiff No. 1 is allowed to withdraw unconditionally from the above Suit. Her name shall therefore be deleted and the Suit shall now be prosecuted only by Plaintiff No. 2 (Usha Shivnath Barai) who shall be the sole Plaintiff.
5. The amendments to the Plaint shall be carried out by the advocates for the Plaintiff within a period of 2 weeks from today and the amended copy of the Plaint be served on the advocates for the Defendants within a period of 2 weeks thereafter.
6. The Interim Application is disposed of in the aforesaid terms.
7. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. ) Utkarsh page 2 of 2