IN THE COURT OF SMALL CAUSES AT MUMBAI

R.A.E. SUIT NO. 140/198 0F 2014

Shri Jay Narandas Kajaria }

Aged 75 years, Occupation: Business }

JAY Mahal, Office address- 1st floor, 39, }

Kitchen Garden Lane, }

Mumbai: 400002 }…. Plaintiff

Versus

1) Paryas Mahendra Jain }

Aged adult, Occ: not known }

Residing at Jay Mahal, }

Room No. 20, 3rd floor, }

39, Kitchen Graden Lane, }

Mumbai: 400002 }

2) Manorama Vikram Jain }

Aged adult known, Occ: not known }

Residing at Jay Mahal, }

Room No. 20, 3rd floor, }

39, Kitchen Graden Lane, }

Mumbai: 400002 }…. Defendants

WITHDRAWAL OF COMPLAINT

If it may please Your Honor, On behalf of Defendant No. 1 Paryas Mahendra Jain and

Defendant No. 2 Manorama Vikram Jain hereby solemnly affirm and state as under:

1. The Defendants had filed the R.A.E Suit No. 140/ 198 of 2013 complaining illegal

construction of office against the space provided for WC in the suit premise viz.

premise Room No. 20, 3rd floor, Jay Mahal, 39, Kitchen Garden Lane, Mumbai-

400 002 for injunction, cost and other reliefs.

2. All the statement and submission made in the plaint be treated as part of this

affidavit.

3. The Plaintiff above named is then owner and landlord of the property known as

Jay Mahal, Office address 1st floor, 39, Kitchen Garden Lane, Mumbai 400 002.

4. The Defendants above named are the tenants in respect of the suit premises and is

let out to Defendants for residential use.

5. The Defendants state that Plaintiff landlord has demolished the WC and has built

office in the said premise which is causing great hardships to the people putting up

in 3rd floor as this WC is common to this floor entirely.

6. The Defendants state that both the parties have resolved to the dispute concerning

the construction of office against the space of WC in the said suit premise, by

mutual arrangement. The Defendant and Plaintiff have agreed to certain terms and

conditions and thereby have compromised in the suit.

7. The Defendants state and submit that they would like to withdraw the complaint

No.____ 2013, Dated ____ against plaintiff as there is no other issue or dispute

between the defendants and plaintiff.

Under the above circumstances I therefore pray as under;

a) The complaint made out by the Defendants in the suit are mutually settled and

therefore the Defendants want to withdraw the complaint.

Advocate for Defendant Defendant

Verification

We, Mr. Prayas Mahendra Jain aged____ years and Mrs. Manorama Viram Jain

aged____years having address at Room No. 20, 3rd floor, Jay Mahal, 39 Kitchen

Garden Lane, Mumbai 400002, the defendant No. 1 & 2 abovenamed respectively,

do hereby states and declares on solemn affirmation that whatever stated in

forgoing paragraphs of the Withdrawal of Complaint are true to our knowledge

and belief and we believe the same to be true and correct.

Solemnly affirmed at Mumbai }

This day of March 2014 }

Before me

Explained, Interpreted and identified by

Advocates for the Defendants