Mahabal L. ShettyVsShakila Ansari And Ors

Date: 30-01-2019
Business: As court is busy in dictating order in suit no. 2589/16, suit no. 2856/16, suit no. 2879/16, hence board adjd.
Adjd to 27.02.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Adv. Chourasiya for Plaintiff present.
Adv. Priya Patil for Defendant no.1 present.
Original NM no.177/19 filed by Adv for Plaintiff.
It is served upon Defendant no.4.
Copy of NM given to Adv for Defendant no.1.
Adv for Plaintiff filed appln under order 5 rule 20 of C.P.C. for substituted service upon Defendant no.2 in relation to notice of motion. I have gone through report of Bailiff. It appears from it that defendant no.2 Enterprises left the premises of the address given in cause title before about 15 to 20 years and their present address is not known. In above circumstances, notice be served upon Defendant no.2 by publishing the same in Daily newspaper having circulation in the aforesaid area on depositing necessary charges by Plaintiff and payment of P.F.
Registrar(Civil) to comply.
Adj for service to 18.04.2019.
Next Purpose: SERVICE
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Adv. Kharwar for Plaintiff present.
Adv. Rahul Singh for Defendant no.1 present.
Adv for Plaintiff submitted that Plaintiff is ready to bear the charges of publication of notice in daily newspaper and undertakes to deposit charges with the concerned newspaper directly.
In view of above statement, Registrar(Civil) to comply.
Adj for service to 27.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Adv. Kharwar for Plaintiff present.
Plaintiff tendered original NM No.177/19 t.o.r.
He also filed affidavit of service t.o.r.
CA of Plaintiff present.
Adv. Pathak h/f Adv. Rajesh Singh for Defendant no.1 present.
Adj for NM reply of Defendant no.1 to 31.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Adv. Kharwa for Plaintiff present.
Adv. Riya Patil for defendant no.1 present.
Reply not filed by defendant no.1 to NM.
None appeared on behalf of defendant no.2 despite publication of notice in newspaper while notice has been served upon defendant no.4 through Bailiff but none appeared on behalf of defendant no.4.
Adv for Plaintiff submitted that suit has already been abated against defendant no.3. Therefore, heard counsel for Plaintiff and defendant no.1 on NM No.177/19.
Adj for NM order to 07.08.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Plff and Adv absent.
CA of Plaintiff present.
Deft and Adv absent.
FRSR following order is passed in NM No.177/19.
ORDER
1. The Notice of Motion No.177 of 2019 is allowed and made absolute in terms of prayer clauses (a) to (c), subject to payment of costs of Rs.2,000/- to defendant No.1 within the period of 10 days from date of order.
2. Plaintiff is at liberty to deposit costs payable to defendant No.1 in Court.
3. On payment of costs by the plaintiff, Chamber Summons No.2096 of 2016 be registered to file at its original number.
4. Accordingly, Notice of Motion is disposed off.
Adj for compliance and directions to 21.09.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 07-08-2019

Main Case No: SUIT/0106506/2003
Main Cnr: MHCC010051962003
Main Filing No: 111447

Filing Number: 100557/2019
Filing Date: 14-01-2019
First Hearing Date: 30th January 2019
Decision Date: 07th August 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE