Date: 16-01-2019
Business: Adv. Vyas for Plaintiff present.
Adv. Siman for Defendant no.2 present.
K.B.
L.O.
Adv. Vyas for Plaintiff present.
Adv. Amin for Defendant no.1a to 1e present.
Registered NM No.158/19 filed by Defendant no.1a to 1e alongwith affidavit t.o.r.
Reply filed by Plaintiff t.o.r.
Adj for rejoinder to 23.01.2019.
Next Purpose: REJOINDER
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Adv. Upadhyay for Defendant no.2 present.
Adv. Amin for Defendant no.1a to 1e present.
Adv for Defendant no.1a to 1e filed rejoinder t.o.r.
Copy be served to other side.
Deft no.2 filed reply to NM.
Adj for service and NM hearing to 25.02.2019.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: Adv. Vyas for plaintiff present.
Defendant and advocate absent.
Advocate for plaintiff submitted that the has already received copy of rejoinder.
KB
LO
Advocate Amin for defendant nos. 1a to 1e present.
Adjourned for NM hearing to 12.3.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. Vyas for Plaintiff present.
Adv. Amin for Defendant nos.1a to 1e present.
Heard arguments of both sides on NM 158/19.
Adj for NM orders to 20.03.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Adv. Jash Vyas for Plaintiff present.
Adv. N.B.Amin for Defendant nos.1a to 1e present.
K.B. for order.
L.O.
F.R.S.R. following order is passed.
ORDER
1. Notice of Motion No.158 of 2019 is partly allowed as under.
2. Issue No.3 is re-casted as under.
3. Whether plaintiffs prove that alleged Rent Agreement dated 1st June, 1986 is false, sham, bogus and fraudulent and has been got prepared by deceased defendant no.1 and their legal heirs in conspiracy and collusion with defendant no.2
3. Following additional issues are framed.
5a. Whether L.Rs of defendant No.1 prove that deceased Pravin Shah agreed to sell his half share in suit premises to original defendant no.1 and put him in possession of whole premises exclusively on or about January-February 1984
5b. Whether suit is barred by law of limitation
5c. Whether this Court has jurisdiction to entertain and try present suit
4. Note about above re-casted issue and additional issues be taken at the bottom of Exh.5.
5. Accordingly, notice of motion is disposed off.
Adj to 24.04.2019 for
Nature Of Disposal: ALLOWED
Disposal Date: 20-03-2019