Date: 31-01-2019
Business: Adv.Mehta along with Kudalkar for Plaintiff present.
Adv.Mr.Ghanshyam Upadhyay for defendant No.9 present.
Adv. for defendant No.9 tendered original NM No.448/19.
Adv. for plaintiff submitted that reply filed to main motion No.3509/18 be treated as reply to NM No.448/19.
Adv. for plaintiff submitted that both the motions be heard together.
Both notice of motions can be conveniently decided together. Therefore, both notice motions would be heard together.
Heard Adv. Shri Upadhyay on N.M. No.448/2019 and N.M. No.3509/2018. Heard Adv. Shri Mehta partly on above notice of motions.
Adjd. to 04.02.2019 for further hearing.
Next Purpose: HEARING
Next Hearing Date: 04-02-2019
Date: 04-02-2019
Business: Adv. Kunal Jha for deft No.9 present.
Plff and Adv absent.
Adjd for hearing to 14.02.2019.
Next Purpose: HEARING
Next Hearing Date: 14-02-2019
Date: 14-02-2019
Business: Adv. Kudalkar for Plaintiff present.
Adv. Upadhyay for Defendant no.9 present.
K.B.
L.O.
With consent of both parties, adj for hearing on NM to 26.02.2019.
Next Purpose: HEARING
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Adv. Kudalkar for plaintiff present.
Adv. Mishra for defendant present.
Court is busy in other matters.
Adjourned for NM hearing to 7.3.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Adv. Shukla for Plaintiff present.
Adv. Mishra for Defendant present.
K.B.
L.O.
Plff is present.
None present on behalf of Defendant.
Matter is adjourned as a last chance in the interest of justice.
Adj for NM hearing to 02.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Adv. Kudalkar for Plaintiff present.
K.B.
L.O.
Adv. Upadhyay for Defendant no.9 present.
Adv for Plaintiff submitted that Transfer Petition has been filed before Hon\''ble Principal Judge as Predecessor of me has heard the matter at length. So at his request, matter is adjourned in the interest of justice.
Adj for NM hearing to 16.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Adv. Jayesh Shukla for Plaintiff present.
Adv. Ratnesh Mishra for Defendant no.9 present.
With consent of parties, adj for NM hearing to 02.05.2019.
L.O.
Plaintiff is Senior citizen. In view of office order No.66 of 2019 dtd.04.04.2019 and also in view of oral communication from department, present case is to be forwarded to Court Room no.9.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2019
Date: 02-05-2019
Business: None present for Plaintiff.
Advocate Mr. Ratish Mishra for Defendant no.9 present and submitted that Plaintiff has filed application before Hon\''ble Principal Judge for transfer of the suit to CR no.19 and said transfer petition is pending before Hon\''ble Principal Judge. Considering submissions adjourned as a last chance.
Case is adjourned to 10/06/2019 for NM hearing.
L.O.
Advocate Mr. Nitesh Pandey i/b Madeks and Company for Plaintiffs present
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: None present for Plaintiff.
None present for Defendants.
F.R.S.R. following order has passed-
ORDER
Notice of Motion no.448 of 2019 stands disposed off/dismissed.
Prior to filing of NM no.3509/18, the suit was adjourned by my learned predecessor for Judgment without evidence of Defendant no.9 and the roznama dated 30/08/2018 shows that written notes of arguments Ex.20 are already filed on record on behalf of Plaintiff, hence I find that as the suit is transferred from another court to this Court, Plaintiff can make oral submissions in short in respect of facts of the suit, thereafter by considering Exh.20, pleadings of the parties and evidence on record, this Court will proceed for Judgment of the matter. It is made clear that Defendant no.9 can not have any right to argue the matter because already suit was fixed for judgment due to the fact that Defendant no.9 has not cross examined PW1, Defendant no.9 has not produced evidence and Defendant no.9 has not argued matter.
Case is adjourned for oral submissions to be made on behalf of Plaintiff to 08/07/2019.
Nature Of Disposal: DISMISSED
Disposal Date: 26-06-2019