This single-paragraph order dismissed a summary suit for want of prosecution based on an admission of an out-of-court settlement and disposed of a related chamber summons. The plaintiff was granted a fee refund.
Suit dismissed for want of prosecution; Chamber Summons disposed of; Plaintiff granted refund of court fee.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO.1643 OF 1991
Devi Mangharam Lakhiani
vs.
...Plaintiff
Mahesh Builders & Anr....Defendants
Mr.Anil K. Lulla i/b Mr.K.C.Nichani for the plaintiff
Mr.H.K.GOgia for the defendants
CORAM :A.S.OKA,J.
DATE : JANUARY 7, 2011
P.C.:
1The learned counsel for the plaintiff on
instructions of the plaintiff states that there has been
out of court settlement. In view of the out of court
settlement, suit is dismissed for want of prosecution.
2Chamber Summons no.684 of 1991 does not survive and
the same is disposed of.
3The plaintiff will be entitled to refund of court
fee as per the rules.
1 issue framed by the court
Whether the suit should be dismissed for want of prosecution in light of an out-of-court settlement.
A.S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court