Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 7 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100341/2020
Naseem Bano Ibrahim Qureshi Vs 1.Mrs. Arti Abhinash Sawant 2.Mr. Abhinash Sawant 3.Nural Hasan Chand Hussain
Shaikh and Ors.
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
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 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.
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
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Disposal Date : 20-01-2020
COURT 7 ADDL SESSIONS JUDGE
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