Kishan Anna PawarVsNoor Mohammed Khan

Date: 07-02-2020
Business: Advocate P. S. Tiwari for Plaintiff present.
As court time is over, case is adjourned to 10.02.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Advocate P. S. Tiwari for Plaintiff present and filed registered Notice of Motion no.591/2020 with affidavit in support, t.o.r.
Advocate Mr. Sayeed Vajid for Defendant present and filed vakalatnama, t.o.r. and submitted that he will file reply to the NM  taken out by Plaintiff. In such circumstances, I find that rather than hearing NM for ad interim relief it can be decided on merits, however it is made clear that, if on 13/02/2020, Defendant will not file reply to NM court will be compelled to proceed further for passing ad interim order.
Case is adjourned to 13/02/2020 for NM reply/arguments for ad interim relief.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. P.S. Tiwari for Plaintiff present.
Adv.  Wajid Sayyed for Defendant present and filed reply to NM 591/20.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 18/2/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Advocate P. S. Tiwari for Plaintiff present
Defendant present and requested to keep the matter back.
L.O. at 4.25 p.m.
Advocate P. S. Tiwari for Plaintiff present
Advocate Sayed Wajid for Defendant present
Heard advocate for Plaintiff.  Plaintiff\''s advocate submitted that in short reply filed by Defendant it is contended that Defendant is owner of room no.3 and he has no concern with room no.11 i.e. suit property.  Plaintiff\''s advocate also referred documents annexed to the short reply and it is argued that as Defendant has no concern with suit property ad interim relief is necessary to be granted in favour of Plaintiff.
Heard advocate for Defendant who submitted that Plaintiff has not given four boundaries of suit property hence Plaintiff is directed to file affidavit showing the four boundaries of suit property i.e. room no.11 to show that room no.11 is different than room no.3. Advocate for Defendant also submitted that Plaintiff has not filed any document to show that room no.11 is in existence. However, P.R. card of City Survey no.301/1 is filed on record showing that said property was sanding in the name of one Sir Mohd. Yusuf and name of Anna Santu Pawar the father of Plaintiff is shown in said P.R. card.  Hence, Plaintiff is directed to file affidavit clearly mentioning four boundaries of suit property so that Court can help Plaintiff.
Case is adjourned to 20/02/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Advocate P. S. Tiwari @ Plaintiff present and filed additional affidavit stating four boundaries of suit premises, t.o.r.
Advocate Sayyad Wajid Hussain @ Defendant present
Plaintiff and Defendant have filed consent terms, t.o.r. and marked as Exh.3.
                   VERIFICATION OF CONSENT TERMS
Plaintiff and Defendant present with their advocates Mr. Tiwari  and Mr. Sayyad Wajid Hussain respectively. Plaintiff and Defendant have admitted contents of consent terms Exh.3. Hence, consent terms are verified. Both Plaintiff and Defendant are directed to sign the consent terms today before Court.  Accordingly, they have signed consent terms in presence of the Court.
                             ORDER BELOW EXH.1
1. Plaintiff and Defendant have arrived at settlement in view of consent terms Exh.3, hence suit stands disposed off as in terms of consent terms Exh.3.
3. Decree be drawn up accordingly as per consent terms Exh.3.
4. Notice of Motion No.591/20 also stands disposed off.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 20-02-2020

EXECUTION APPLN/100220/2021
NOTICE OF MOTION/100591/2020

Filing Number: 100566/2020
Filing Date: 13-01-2020
First Hearing Date: 07th February 2020
Decision Date: 20th February 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE