Date: 14-02-2019
Business: Plff and Adv absent.
Adv. Kazi for Defendant no.1 present.
Earlier order to continue till next date.
Adv for Defendant no.1 undertakes to file V/n on next date.
Adj for reply and V/n to 06.03.2019.
Next Purpose: REPLY
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: Adv. Joshi for Plaintiff present.
Ex.2 Adv. Kazi filed V/n for Defendant no.1 t.o.r.
Ex.3 Adv. Vishwajeet Singh filed V/n for Defendant nos.2 to 5 t.o.r.
Adv for Plaintiff filed registered NM no.645/19 t.o.r.
Keeping in view that matter is between family members, it is desirable to refer it to Lok Adalat as possibility for settlement cannot be ruled out. Therefore, matter is referred to Lok Adalat.
Adj to 17.03.2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-03-2019
Date: 17-03-2019
Business: Plaintiff is absent
Adv Mr. Prayag Joshi for plaintiff is present.
Defendant and advocate are present.
consent term not arrive, hence matter be referred to regular court.
matter is adj for settlement to 19/03/2019
Next Purpose: SETTLEMENT
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Adv. Binal Shah for Defendant nos.2 to 5 present.
K.B.
L.O.
Adv. Prayag Joshi for Plaintiff present.
Ex.4 Consent terms filed by Adv for Plaintiff t.o.r.
Verified defendant nos.1 to 5 in presence of counsel for parties. They voluntarily admit terms of settlement which are explained to them in vernacular. Accordingly, I have recorded their verification.
Plaintiff is not present today.
Adv for Plaintiff is directed to inform Plaintiff to remain present on next date.
In clause 4(C)(I) of consent terms, it is mentioned that Rs.2 Lakhs to be paid to each of defendant nos.3 to 5 at the time of filing of present consent terms. At the time of verification Defendant nos.3 to 5 disclosed that they have yet not received amount of Rs.2 Lakhs to be paid to each of them.
For the purpose of recording compromise, Plaintiff has to file proof of payment of amount of Rs.2 Lakhs to be paid to each of Defendant nos.3 to 5 in terms of clause 4(C)(I).
Defendants are exempted to remain present on next date.
Adj for settlement to 10.04.2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Matter received from CR No.2
None present for Plaintiff.
None present for Defendant.
Case is adjourned to 21/06/2019 for filing proof of payment of Rs.2 lakhs by Plaintiff to Defendant no.3 to 5 each in terms of clause 4 (C) (I) of consent terms Exh.4.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Suit wrongly shown on board. Suit is already disposed off as per order dated 02/05/2019. Hence suit be removed from C.I.S.
Advocate Mr. Joshi @ Plaintiff present. Plaintiff signed consent terms Exh.4 and submitted that after understanding the contents of settlement terms he has signed Exh.4.
Advocate Mr. Kazi for Defendant no.1 present.
As directed by the Court on 19/03/2019, Plaintiff\''s advocate produced before the Court receipts having thumb impressions of Defendant no.3 to 5 showing that they have received Rs.2 lakhs each on 19/03/2019 towards settlement of the matter. The receipts be annexed to consent terms Exh.4 and they should become part and parcel of Exh.4.
Advocate Ms. Shah for Defendant no.2 to 5 present and submitted that already Defendant no.1 to 5 have signed consent terms in presence of the Court and they are exempted today from attending the Court. Advocate for Defendant no.4 admitted the issuing of receipts by Defendant nos.3 to 5 which are filed by Plaintiff today. As such, consent terms are verified.
ORDER BELOW EXH.1
1. Suit stands disposed off in terms of consent terms Exh.4.
2. Accordingly, NM no.645/19 stands disposed off accordingly.
3. Decree be drawn up in terms of consent terms Exh.4.
Nature Of Disposal: COMPROMISE
Disposal Date: 21-06-2019