K K MODI Vs. K N MODI

JUDGEMENT

(1.) By this order, I proceed to dispose of IA No. 47/2007 in CS(OS) No. 1394/96 and IA No. 36/07 in CS(OS) No. 434/1998, both filed under Order XXIII Rule 1 CPC by the respective plaintiffs in these suits for unconditional withdrawal of these suits.

(2.) The applications are vehemently opposed by defendant no. 12, Dr. B. K. Modi and defendant no.15, Dr. D. K. Modi in Suit No.1394/1996 and lengthy arguments have been addressed by both sides on the question as to whether the plaintiffs in these suits can be permitted to withdraw the suits unconditionally or not. Smt. Ginni Modi, defendant no.1A in the aforesaid suit has also opposed the said applications. In suit No.434/1998, Dr. D.K. Modi (Defendant no. 3A) and Ginni Modi (Defendant no. 3B) are the objecting defendants. Dr. B.K.Modi is not arrayed as defendant in the said suit. Background Facts:

(3.) Late Shri Gujjar Mal Modi had five sons; (i) Sh. K.K. Modi, (ii) Shri V.K. Modi, (iii) Shri S. K. Modi, (iv) Dr. B. K. Modi and (v) Shri U.K. Modi.