Sanjay Kumar Motilal GuptaVsSamdevi Motilal Gupta +4 more

Date: 29-03-2019
Business: Not on Board Taken on Board By Precipe
Adv. Manoj Tiwari for plaintiff present and filed draft notice of motion along with affidavit. Leave granted to register draft notice of motion. He also filed affidavit of service.
Matter already adj. to 18.04.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Advocate for Plaintiff sought extension of time to register NM.  Time extended for registration of NM.
None present for Defendant.
Case is adjourned to 08.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Advocate Mr. Tiwari for Plaintiff present and filed registered Notice of Motion no.1748/2019 with affidavit in support, t.o.r.
Court is busy in dictating Judgment in suit no.6986/06 and hearing NM in suit no.8316/95, hence case is adjourned to 03/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Adv. Jenifer Sonz for plaintiff present and submitted that plaintiff will serve writ of summons to defendant No. 11 through RPAD.
Adv. Malika Joshi For defendant No. 1,2 and 3 present and served copy of written statement of those defendant upon plaintiff\''s advocate.
WS of defendant No. 1 to 3 is already on record at Exh- 7
Case is adjourned to 02/11/2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Advocate Manoj Tiwari for Plaintiff present and submitted that in roznama dated 03/09/2019 name of Plaintiffs advocate is wrongly shown as Jenefer Sonz and further it is pointed out that 11 Defendants are not party to this suit therefore said fact mentioned in said roznama is incorrect. Plaintiffs advocate submitted that said roznama is necessary to be considered as incorrect.  Considering submissions made by Plaintiff\''s advocate, as there are no 11 Defendants and as there are only 5 Defendants, it seems that some type mistake has taken place in roznama dated 03/09/2019 and hence presence of advocate Mr. Manoj Tiwari is necessary to be considered in respect of roznama dated 03/09/2019.
Case is already adjourned to 02/11/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Advocate Manoj Tiwari for Plaintiff present and in roznama dated 03/09/2019 it is mentioned that Written Statement of Defendant nos.1 to 3 i.e. Exh.7 is on record, however those Defendants have not appeared in the matter hence no question arises of their Written Statement being on record.  As submitted by Plaintiff advocate it becomes clear that Roznama of some other matter is affixed to this suit by showing the number as suit no.869/19.  Any how as Defendant nos.1 to 3 have not appeared in the matter roznama dated 03/09/2019 is necessary to be considered as incorrect.
          Affidavit of service of writ of summons filed by Plaintiff on 29/03/2019 shows that writ of summons is served upon Defendants inspite of it Defendants have not appeared in the matter and they have not filed their appearance and Written Statement.  Defendants have not filed their reply to NM no.1748/19, hence considering the fact that document at page no.42 and 42A of the plaint, shows that Defendant no.1 the mother of Plaintiff has requested Defendant no.5 Society to mention the name of Plaintiff and Defendant no.1 in the record of Society related to suit premises, I find that Defendant nos.1 to 4 can not create third party interest in suit premises as Plaintiff is one of the legal heir entitled to claim rights in suit premises. Hence, I find that Notice of Motion can be made absolute in terms of prayer clause (b) and (c) of Notice of Motion.  Hence, Notice of Motion no.1748 of 2019 is made absolute in terms of prayer clause (b) and (c).
As Defendants have not filed their Written Statement, suit to proceed for evidence without Written Statement.
Case is adjourned to 16/01/2020 for evidence without Written Statement.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Court is busy in recording evidence in HC Expedited suit no.2537/13, hence case is adjourned to 26/02/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Advocate Dhiraj Oza for Plaintiff present
None present for Defendant.
Court is busy in hearing final arguments in suit no.569/05 and court has to dictate Judgment in suit no.8472/86, hence case is adjourned to 19/06/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05.01.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: None present for Plaintiff/s.
None present for Defendant/s.
Matter is fixed for recording evidence without WS.
As nobody is present for both the parties, matter is adjd.for recording evidence without WS to 22.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None present for both the parties.
Despite granting several opportunities, plaintiff has not adduce evidence hence, matter be kept for dismissal order on next date.
Matter is adjd. for dismissal order to 30.10.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 30-10-2021

Date: 30-10-2021
Business: None present for both parties.
Court is busy in other matters hence, for want of time this matter is adjd. at same stage till next date.
Matter is adjd. for dismissal order to 18.01.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: DISMISSAL
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: None present for both parties.
K.B.
L.O. at 1.45 p.m.
None appeared for the plff despite keeping back the matter till 1.45 p.m.
Order to proceed without written statement against defendants has been passed on 02.11.2019. Despite granting more than sufficient opportunities thereafter, plaintiff failed to adduce evidence. Nobody appeared for the plaintiff today also hence, there is no propriety to keep the matter pending any further at same stage in absence of plaintiff hence, suit is dismissed in default for want of prosecution.
Proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 11-04-2022

NOTICE OF MOTION/101748/2019

Registration Number: 100869/2019
Transfer Date: 15-04-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100869/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 101976/2019
Filing Date: 15-02-2019
First Hearing Date: 29th March 2019
Decision Date: 11th April 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE