Date: 20-01-2020
Business: Matter is called out at 3.29pm
Adv.Ramesh R.Pandey for plaintiff present tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Copy served to the other side.
Draft N/M hand-over to the plaintiff advocate for registration.
Adv.U.V.Singh for defendant no.1 and 2 present.
Adv.S.C.Singh for defendant no.3 to 5 present.
Heard Ld.Adv. for the plaintiff. perused draft N/M.
Plaintiff seeking re-calling of order dated 11/07/2019 by which his extension application for extension to carryout amendment was rejected by earlier court. Plaintiff is now ready and willing to carryout the amendment forthwith. Hence, looking to the aforesaid change in circumstances. In my view, the draft N/M needs to allowed by imposing the reasonable cost as primafacie there is a delay caused on account of plaintiff. Thus I proceed to following order.
ORDER
1.Draft Notice of Motion of is hereby allowed in terms of prayer clause (a) and (b) upon payment of cost Rs.1,000/- to be payable to DLSA.
2. Plaintiff to carryout necessary amendment in the title clause forthwith.
3.Plaintiff to bear own cost of draft motion.
4.Draft Notice of Motion is disposed off accordingly.
5.Plaintiff is directed to get register N/M.
Heard adv. for plaintiff and defendant no.1 and 2. I have also inquired with defendant no.2 who is present in person in the court. He has made a statement that he will not create third party interest in the suit property till the decision of suit. Hence, in view above statement. N/M No.252/17 is disposed off.
F.R.S.R following order is passed on N/M No.252 of 2017.
ORDER
1.Notice of Motion No.252 of 2017 is hereby allowed in view of the statement made by the defendant no.1 that he will not create third party interest in the suit property till the decision of suit.
2.Plaintiff to bear the cost of N/M.
3.Notice of Motion No.252 of 2017 is disposed off accordingly.
Defendant no.2 show his willingness to settle the matter. hence,matter is referred to the mediation.
Matter is adj to 27/04/2020 for mediation report.
Later on at 4.30pm
Adv.Ramesh R.Pandey for plaintiff present tendered registered N/M No.341 of 2020.
F.R.S.R following order is passed on N/M No.341 of 2020.
ORDER
1.Notice of Motion No.341 of 2020 is hereby allowed in terms of prayer clause (a) and (b) upon payment of cost Rs.1,000/- to be payable to DLSA.
2. Plaintiff to carryout necessary amendment in the title clause forthwith.
3.Plaintiff to bear own cost Notice of Motion.
4.Notice of Motion No.341 of 2020 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 20-01-2020
