Date: 07-01-2019
Business: Adv. Tiwari for Plaintiff present.
Plff tendered original NM no.89/19 t.o.r.
Reply filed by defendant to NM.
Earlier order to continue till next date.
Adj for rejoinder and hearing on NM to 10.01.2019.
Next Purpose: REJOINDER
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. Singh for Defendant present.
Adv for Plaintiff filed rejoinder t.o.r.
Copy given to other side.
Earlier order to continue till next date.
Adj to 16.01.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. Singh for Defendant present.
Adv Tiwari sought adjournment. Granted.
Earlier order to continue till next date.
Adj for NM hearing to 17.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. S.R.Singh for Defendant present.
Heard arguments of Adv for Plaintiff.
Arguments of Adv for Defendant partly heard.
Earlier interim order to continue till next date.
Adj for further arguments to 18.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2019
Date: 18-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. Singh for Defendant present.
Draft Ch/s filed by Plaintiff.
O- Leave is granted to register it.
Copy of Ch/s is given to other side.
Heard further arguments of Adv for Defendant.
Adj for reply arguments of Adv. for Plaintiff and Ch/s reply to 21.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. Ravindra Singh for Defendant present.
Original Ch/s No.123/19 tendered by Plaintiff t.o.r.
Earlier order to continue till next date.
As Court is busy in dictating orders, hence board is discharged and matter is adjourned.
Adj for NM hearing to 22.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. S.R.Singh for Defendant present.
Adv for Defendant filed additional affidavit.
Plff wants to file rejoinder to it.
Therefore, adj for rejoinder and hearing to 24.01.2019.
Next Purpose: REJOINDER
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. S.R.Singh for Defendant present.
Adv. Tiwari for Plaintiff submitted that Plaintiff want to file reply to additional affidavit filed by Defendant.
Earlier order to continue till next date.
Matter is adj for hearing and reply to 25.01.2019.
Next Purpose: HEARING
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. S.R.Singh for Defendant present.
K.B.
LO
Affidavit in rejoinder of Plaintiff to the additional affidavit of Defendant filed.
Heard further arguments of both sides.
Adv. Tiwari submits that he want to make further submissions.
Adj for further hearing to 29.01.2019.
Next Purpose: HEARING
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. S.R.Singh for Defendant present.
Heard further arguments of both sides.
Earlier order to continue till next date.
Adj for NM order to 06.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Taral for Defendant present.
Adv. Tiwari for Plaintiff present.
Earlier order to continue till next date.
As Court is busy in other matters and dictating orders in Ch/s, adj for order to 13.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: As P.O. is on leave in second sessions, hence board is discharged and matter is adjourned.
Next Purpose: NM ORDERS
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Plff and Adv absent.
Adv. Singh for Defendant present.
Adv Singh sought time for filing reply to Ch/s.
K.B. for NM order.
L.O.
Earlier order to continue till next date.
As court is busy in hearing arguments and in other matters, hence adj for order to 22.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Plff and Adv absent.
As Court is busy in Court work and also passing orders, hence adj for NM order to 26.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Adv. Reshmi Parab for plaintiff present.
Adv. Singh for defendant present.
Adv. for defendant filed Affidavit in reply to Chamber Summons No. 123/19. Copy of reply is given to other side.
Heard argument of both sides.
Court is busy in passing orders in other matters.
Earliar order to continue.
Adjourned for order on chamber summons no. 123/19 and order on NM to 27.2.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Adv. Reshmi Parab for Plaintiff present.
Deft nos.2 and 4 are present. Adv. absent.
Order below Chamber Summons No.123 of 2019.
Read Chamber summons, affidavit in support of it and reply affidavit of defendants. Heard respective counsel for parties. Chamber summons is taken out seeking amendment relating to the area of suit premises as per schedule. It is contended that due to oversight area of suit premises is mentioned as 20 X 20 sq. mtrs instead of exact area of 31.35 sq. mtrs. Accordingly, Plaintiff has sought amendment to correct the area of suit premises both in plaint and notice of motion.
Defendants opposed the chamber summons on the count that Plaintiff is misleading this Court and set out false and fabricated statement. Moreso, chamber summons taken out is an after thought. Accordingly, they prayed for dismissal of chamber summons.
So far of contentions of defendants that Plaintiff has set out false and fabricated statement in chamber summons is concerned, at this stage I cannot go into the merits of said allegations. Proposed amendment is sought to correct the area of suit premises. In my view proposed amendment does not change the nature of suit. Possibility cannot be ruled out that due to oversight Plaintiff has mentioned incorrect area of suit premises in plaint and notice of motion. Therefore, I am inclined to allow chamber summons, hence pass following order.
ORDER
1. Chamber summons No.123 of 2019 is allowed and made absolute in terms of prayer clause (b).
2. Plaintiff is directed to carry out amendment within a period of two weeks from date of order.
3. After carrying out amendment, Plaintiff has to supply copy of amended plaint and notice of motion to the defendants within period of 7 days.
Accordingly, Chamber summons no.123 of 2019 is disposed off.
In view of above order, parties are at liberty to make further submission in relation to NM No.89/19. Hence, adj for further NM hearing and compliance to 05.03.2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: Adv. Tiwari for Plaintiff present.
K.B.
L.O.
Adv. Singh for Defendant present.
Amendment carried out by the Plaintiff. Copy of amended plaint and NM served upon other side.
Heard counsel for parties.
Earlier order to continue till next date.
Adj for NM order to 13.03.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 13-03-2019
Date: 05-03-2019
Business: Adv. Tiwari for Plaintiff present.
K.B.
L.O.
Adv. Singh for Defendant present.
Amendment carried out by the Plaintiff. Copy of amended plaint and NM served upon other side.
Heard counsel for parties.
Earlier order to continue till next date.
Adj for NM order to 13.03.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Adv. Singh for Defendant present.
Earlier order to continue till next date.
As Steno is on leave and Court is busy in other work, hence matter is adj for order to 15.03.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. Singh for Defendant present.
As Court is busy in 40 years old matters and in other work, hence adj for NM order to 20.03.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. Reshmi Parab for Defendant present.
As Court is busy in dictating orders and in other work of Court, hence board is discharged and matter is adj for NM order to 25.03.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Adv. Pal for Plaintiff present.
Adv. Singh for Defendant present.
K.B. for order.
L.O.
As Court is busy in dictating order and in other Court work, hence adj for order to 27.03.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: Adv. Reshmi Parab for Plaintiff present.
Adv. Singh for Defendant present.
As Court is busy in dictating orders in other matters and also recording evidence in 40 years old matter and in other Court work, hence adj for NM order to 30.03.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 30-03-2019
Date: 30-03-2019
Business: Adv. Parab for Plaintiff present.
Deft nos.2 to 4 present.
As Court is busy in recording evidence in 40 years old matter and in other Court work, hence adj for NM order to 02.04.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Plff and Adv absent.
Deft and Adv absent.
K.B.
Adv. Reshmi Parab for Plaintiff present.
Adv. S.R.Singh for Defendants present.
Deft present.
FRSR following order is passed in NM No.89/19.
ORDER
1. Notice of Motion No.89 of 2019 is allowed and made absolute in terms of prayer clause (a).
2. Costs will be the cause in the suit.
3. Accordingly, Notice of Motion No.89 of 2019 disposed off.
Adv for defendants submitted that writ of summons has not been served upon them and they have not dispensed with writ of summons, so matter be kept for service of writ of summons.
Defendants already appeared before the Court. Whether their appearance is to be considered so as to consider that writ of summons is not required to be served upon them is to be adjudicated. Hence, matter is adjourned for hearing on that aspect and thereafter it will be posted for appropriate stage.
Adv. Singh for defendants orally prayed for stay of order passed in NM No.89/2019 for period of two weeks as defendants want to challenge order in appeal.
Already interim order was existing, so I do not think it necessary to stay the order passed in notice of motion no.89/19. Hence, prayer made by defendants in that respect is rejected.
Adj for directions to 22.04.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 02-04-2019
