Date: 25-02-2019
Business: Not on Board Taken on Board By Precipe
Adv. Ansari for plaintiff present and filed draft notice of motion along with supporting affidavit and affidavit of service. Leave granted to register draft notice of motion. Copy served to other side.
D-1 with Adv. Trivedi present and filed VP on behalf of D-1.
Adv. Bhandari for D-2 present and undertakes to file VP on behalf of D-2.
Ld. Counsel for defendant no. 2 is seeking time to file reply reply in draft NM.
Ld. Counsel for defendant no.1 submits that D-1 is not opposing the prayers in the suit.
There is no dispute that in another suit between same parties ie suit no.545/2017 decided by C.R. no.2, suit was decreed in terms of prayer clauses (a) and (b) under Order 12, Rule 6 of C.P.C. and it was disposed of. As per the said decree, the plaintiff and defendants have 1/3rd share each in suit property. The present suit is filed for seeking partition by demarcating 1/3rd share of each party. Till the disposal of this notice of motion, the plaintiff and D-1 are permitted to demarcate their area by temporary partition which can be removed at any time. Ld. Counsel for defendant no.2 submits that D-2 has filed a fresh Suit no.114/2019 for modification of decree passed in earlier suit. D-2 is at liberty to get the both suits clubbed together.
Matter already adj. to 08.03.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Business: Not on Board Taken on Board By Precipe
Adv. Ansari for plaintiff present and filed draft contempt notice of motion along with affidavit. Leave granted to register draft notice of motion. He undertakes to serve the copy to the other side. Short service is allowed
Matter already adj. to 08.03.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: Adv. Ansari for plaintiff original contempt notice of motion no. 941/2019 along with affidavit and original writ of summons.
Adv. Bhisepatil for D-1 present and filed written statement. Copy served to other side.
Adv. Bhandary for D-2 present and filed VP on behalf of D-2 and written statement. He also filed reply in NM no. 844/2019 and 941/2019.
Ld. Counsel for D-2 seeks further time to take steps club this suit with suit no.114/2019. He further submits that D-2 has filed Appeal against order dated 25.2.2019.
Matter adj. for Hearing in NM No. 844/2019 to 03.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Not on Board Taken on Board By Precipe
Adv. Ansari for plaintiff present and filed draft notice of motion along with affidavit. Leave granted to register draft notice of motion. He undertakes to serve copy to the other side.
Matter already adj. to 03.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Adv. Ansari for plaintiff present and tendered original notice of motion no. 1160/2019 along with affidavit.
Adv. Trivedi for D-1 present.
Adv. Bhandari for D-2 present and filed reply in NM No.1160/2019. Copy served to other side.
The Ld. Counsel for defendant no.2 submits that the D-2 has filed application for transfer of suit and same is fixed for 9.4.2019. Ld. Counsel for plaintiff submits that the D-2 had challenged the ad-interim order dated 25.2.2019 before the Hon\''ble High Court in A.O. Stamp no. 6977/2019 and the said appeal has been dismissed on 19.3.2019. A photocopy of order is placed on record. Ld. Counsel for plaintiff is directed to examine whether plaintiff can file application for execution of the decree passed in the earlier suit.
Matter adj. for Compliance and NM Hearing to 10.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Adv. Ansari for plaintiff present.
None for defendant present.
Case is adjourned to 20/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Advocate M.A. Ansari for Plaintiff present
Advocate Rajendra Bhandary for Defendant present
Court is busy in dictating Judgment in suit no.4470/08 hence case is adjourned to 19/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2019
Date: 20-09-2019
Business: Advocate M.A. Ansari for Plaintiff present
Advocate Rajendra Bhandary for Defendant present
Court is busy in dictating Judgment in suit no.4470/08 hence case is adjourned to 19/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2019
Date: 20-09-2019
Business: Advocate M.A. Ansari for Plaintiff present
Advocate Rajendra Bhandary for Defendant present
Court is busy in dictating Judgment in suit no.4470/08 hence case is adjourned to 19/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2019
Date: 20-09-2019
Business: Advocate M.A. Ansari for Plaintiff present
Advocate Rajendra Bhandary for Defendant present
Court is busy in dictating Judgment in suit no.4470/08 hence case is adjourned to 19/10/2019 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Advocate M A. Ansari for Plaintiff present and filed registered Notice of Motion no.3794/2019 with affidavit in support, t.o.r. Advocate for Plaintiff submitted that advocate for Defendant no.1 has informed Plaintiff advocate that advocate for Defendant no.1 is unable to attend the Court.
Defendant no.1 present.
Advocate Nita Bhandary for Defendant no.2 present and filed NM reply, t.o.r.
Case is adjourned to 09/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Advocate for Plaintiff present
Advocate Mr. Trivedi h/f Adv. Patil for Defendant no.1 present and filed NM reply, t.o.r.
Advocate Mr. Bhandary for Defendant no.2 present and filed draft Notice of Motion with affidavit in support of Notice of Motion on the ground of resjudicata contending that Defendant no.2 has filed suit no.714/10 before Civil Judge Junior Division Basti, U.P. and said suit is decided by said court against which appeal is pending before Hon\''ble High Court Allahabad. Leave to register Notice of Motion is granted. Defendant no.2 is directed to serve copy of NM upon Plaintiff and Defendant no.1.
Case is adjourned to 13/02/2020 for NM reply and hearing of registered Nms.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Mohd. Ansari for Plaintiff present and filed reply to NM 4829/19 t.o.r.
Adv. Rajendra Bhandari for Defendant No.2 present and filed registered NM 4829/19 t.o.r.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 27/4/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 13-02-2020
Business: Adv. Mohd. Ansari for Plaintiff present and filed reply to NM 4829/19 t.o.r.
Adv. Rajendra Bhandari for Defendant No.2 present and filed registered NM 4829/19 t.o.r.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 27/4/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 13-02-2020
Business: Adv. Mohd. Ansari for Plaintiff present and filed reply to NM 4829/19 t.o.r.
Adv. Rajendra Bhandari for Defendant No.2 present and filed registered NM 4829/19 t.o.r.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 27/4/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 13-02-2020
Business: Adv. Mohd. Ansari for Plaintiff present and filed reply to NM 4829/19 t.o.r.
Adv. Rajendra Bhandari for Defendant No.2 present and filed registered NM 4829/19 t.o.r.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 27/4/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: None present for Plaintiffs.
None present for Defendant.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-11-2020
Business: None present for Plaintiffs.
None present for Defendant.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-11-2020
Business: None present for Plaintiffs.
None present for Defendant.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-11-2020
Business: None present for Plaintiffs.
None present for Defendant.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: None present for plff.
Adv Mr. Bhandari for deft No.2 present and seeks adjournment.
As nobody is present for plff, on request of advocate of deft No.1 Matter is adjd. for NM hearing to 23.04.2021.
Judge
L.O.
Adv.Mr. Ansari for plff present.
Alrady adjd. to 23.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. for Ansari for plff present and mentioned the matter in the morning session. He seeks adjournment.
Matter is on the board of afternoon session hence kept back.
L.O. at 3.00 p.m.
None present for deft.
Matter is adjd. for NM hearing to 25.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 25-10-2021
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 25-10-2021
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 25-10-2021
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Due to covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2022
Date: 02-02-2022
Business: Due to covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Ansari for plaintiff present
Adv.Rajendra Bhandari for defendant No.2 present and filed rejoinder in Notice of Motion No.4829 of 2019. Copy given to the advocate for the plaintiff.
By consent, matter is adjd. for NM hearing to 06/04/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv Mr. Ansari present for plff.
Adv Mr. Rajendra Bhandari present for deft.No.2 and seeks adjournment.
By consent, matter is adjd. for NM hearing to 20.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Plff present with his Adv Mr. Ansari.
Deft No.2 is present with his Adv Mr. Rajendra Bhandari.
It appears that there exists an element of settlement as plff and deft No.2 are real brothers and deft No.1 is their mother hence, matter is referred to Lokadalat scheduled to be held on 07.05.2022.
Matter is adjd. for settlement to 07.05.2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-05-2022
Date: 07-05-2022
Business: CORAM: H.H.J. Shri. A.H. Laddhad National Lok Adalat Panel - 8
Defendant No. 2 in person present.
Plaintiff through his Advocate M.A. Ansari present.
Defendant No. 2 through his Advocate Rajendra Bhandari present.
Matter is not settled, referred to regular Court.
Plaintiff requested to keep the matter before Vacation Court as he wanted an Interim order.
The request is oppose by the Advocate of Defendant No 2 as he is going out of town.
However looking to the nature of suit and past proceeding filed by defendant No. 2 himself.
Matter is keep on 09.05.2022
Matter adjourned to 09.05.2022.
H.H.J. Shri. A.H. Laddhad Adv. Rohan Waghmare Adv. Tejas Kothalikar
Panel Head Panel member Panel Member
Next Purpose: SETTLEMENT
Next Hearing Date: 09-05-2022
Date: 09-05-2022
Business: CORAM: H.H.J. Shri. S.T. SOOR Court No.2 Matter pertains to C.R. No. 62.
Plff. present. Adv. Ansari for plff. present. Deft. No.2 present and filed adjournment application. t.o.r. Matter stands Adj for NM Hearing to 23.05.22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-05-2022
Date: 23-05-2022
Business: Adv. Ansari for plaintiff present.
Adv. Smt. Nita Bhandari for defendant No.2 present and seeks adjournment by submitting that her senior advocate is not available today.
Advocate for the plaintiff submitted that interim order has been passed by this court in favour of the plaintiff on 25/02/2019 and it is necessary to give police protection to implement the said order. Learned advocate for the plaintiff though is seeking relief to give police protection, this court is of the opinion that order dtd.25/02/2019 is an executable order. In absence of filing execution, the prayer for grant of police protection cannot be accepted. However, NM No.1160 of 2019 be kept for hearing on next date as advocate for defendant No.2 is not available today.
By consent, matter is adjd. for NM hearing to 09/06/2022
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Plaintiff present.
Adv.Mohd.Akbar Ansari for plaintiff present.
Defendant No.2 present.
KB
LO at 03.10 pm,
Adv.Mohd.Akbar Ansari for plaintiff present.
Adv.Rajendra Bhandari for deft.No.2 present.
The Ld.Adv. for pltff. submits that as per the last roznama execution application is filed. He submits that he will press NM 1160/19 after the decision of execution application.
The Ld.Adv. for the deft. No.2 submits that notice of motion No.4829/19 is pending and he will proceed with the same on the next date.
Matter adjd to 22.07.2022 at morning for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Plaintiff present. Defendant No.2 present.
Adv.M.A.Ansari for plaintiff present.
Adv.R.S. Khatib i/b.Adv.Patel for deft. No.1 present.
Adv.Siddharth Dustakar present and filed vakalatnama on behalf of deft.No.2 t.o.r. and marked as Exh.6.
Matter adjd to 17.08.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Plaintiff present. Defendant present.
Adv.M.A. Ansari for plaintiff present.
Adv.Siddharth Dustakar h/f.Adv.Rajendra Shukla for deft.No.2 present.
Matter adjd to 21.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 17-08-2022
Business: Plaintiff present. Defendant present.
Adv.M.A. Ansari for plaintiff present.
Adv.Siddharth Dustakar h/f.Adv.Rajendra Shukla for deft.No.2 present.
Matter adjd to 21.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 17-08-2022
Business: Plaintiff present. Defendant present.
Adv.M.A. Ansari for plaintiff present.
Adv.Siddharth Dustakar h/f.Adv.Rajendra Shukla for deft.No.2 present.
Matter adjd to 21.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv.Mohd.Akbar Ansari for plaintiff present.
Adv.Vaibhavi Gala for deft.No.2 present.
Matter adjd to 02.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022
Date: 21-09-2022
Business: Adv.Mohd.Akbar Ansari for plaintiff present.
Adv.Vaibhavi Gala for deft.No.2 present.
Matter adjd to 02.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022
Date: 21-09-2022
Business: Adv.Mohd.Akbar Ansari for plaintiff present.
Adv.Vaibhavi Gala for deft.No.2 present.
Matter adjd to 02.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
KB
LO at 03.35 pm
Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
Adv.Vaibhavi Gala for deft.No.2 present.
Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022
Date: 02-11-2022
Business: Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
KB
LO at 03.35 pm
Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
Adv.Vaibhavi Gala for deft.No.2 present.
Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022
Date: 02-11-2022
Business: Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
KB
LO at 03.35 pm
Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
Adv.Vaibhavi Gala for deft.No.2 present.
Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022
Date: 02-11-2022
Business: Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
KB
LO at 03.35 pm
Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
Adv.Vaibhavi Gala for deft.No.2 present.
Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022
Date: 02-11-2022
Business: Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
KB
LO at 03.35 pm
Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
Adv.Vaibhavi Gala for deft.No.2 present.
Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022
Date: 02-11-2022
Business: Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
KB
LO at 03.35 pm
Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for deft.No.1 present.
Adv.Vaibhavi Gala for deft.No.2 present.
Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv.M.A. Ansari for plaintiff present.
Adv.Siddharth Dustagar for defendant No.2 present.
The Adv.for deft.No.2 requested for the adjournment on personal medical ground.
Matter adj. to 19.12.2022 at morning for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022
Date: 29-11-2022
Business: Adv.M.A. Ansari for plaintiff present.
Adv.Siddharth Dustagar for defendant No.2 present.
The Adv.for deft.No.2 requested for the adjournment on personal medical ground.
Matter adj. to 19.12.2022 at morning for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None present for both sides.
KB
LO at 11.40 am
None present for both sides.
KB
LO at 12.30 pm
None present for both sides.
KB
LO at 03.10 pm
Adv.Siddharth Dustakar for plaintiff present.
Adv.Ansari for defendant present.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023
Date: 19-12-2022
Business: None present for both sides.
KB
LO at 11.40 am
None present for both sides.
KB
LO at 12.30 pm
None present for both sides.
KB
LO at 03.10 pm
Adv.Siddharth Dustakar for plaintiff present.
Adv.Ansari for defendant present.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023
Date: 19-12-2022
Business: None present for both sides.
KB
LO at 11.40 am
None present for both sides.
KB
LO at 12.30 pm
None present for both sides.
KB
LO at 03.10 pm
Adv.Siddharth Dustakar for plaintiff present.
Adv.Ansari for defendant present.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023
Date: 19-12-2022
Business: None present for both sides.
KB
LO at 11.40 am
None present for both sides.
KB
LO at 12.30 pm
None present for both sides.
KB
LO at 03.10 pm
Adv.Siddharth Dustakar for plaintiff present.
Adv.Ansari for defendant present.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023
Date: 19-12-2022
Business: None present for both sides.
KB
LO at 11.40 am
None present for both sides.
KB
LO at 12.30 pm
None present for both sides.
KB
LO at 03.10 pm
Adv.Siddharth Dustakar for plaintiff present.
Adv.Ansari for defendant present.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023
Date: 19-12-2022
Business: None present for both sides.
KB
LO at 11.40 am
None present for both sides.
KB
LO at 12.30 pm
None present for both sides.
KB
LO at 03.10 pm
Adv.Siddharth Dustakar for plaintiff present.
Adv.Ansari for defendant present.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Adv.Khatib for plaintiff present.
Adv.Siddharth Dustakar for defendant No.2 present.
KB as matter is in the afternoon board.
LO at 03.25 pm
Adv.Khatib for plaintiff present.
Adv.Vaibhavi Gala h/f.Adv.Siddharth Dustakar for defendant No.2 present.
On request of defendant No.2 last chance is granted for NM hearing.
Matter adj. to 08.02.2023 at morning for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv.M.A. Ansari for plaintiff present.
None present for defendants.
KB
LO at 03.30 pm
Adv.M.A. Ansari for plaintiff present.
Adv.D.M. Trivedi for defendant No.1 present.
None present for defendant No.2. No argument of defendant No.2 in execution.
Matter adjd to 24.03.2023 for order.
LO at 04.55 pm
Adv.Siddharth Dustakar h/f.Rajendra Shukla for defendant No.2 present.
Matter adjd to 24.03.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: None present for plaintiff.
Adv.Siddharth Dustakar for defendant No.2 present and filed draft notice of motion (set aside) a/w. Affidavit in support. O-Leave granted to register draft NM.
KB
LO at 03.10 pm
Adv.Mohammed Akbar Ansari for plaintiff present.
Adv.Siddharth Dustakar for defendant No.2 present.
The plaintiff received copy of draft NM filed today. He filed handwritten reply today.
KB
LO at 03.35 pm
Adv.Mohammed Akbar Ansari for plaintiff present.
Adv.Siddharth Dustakar for defendant No.2 present.
Adv.Dipak Trivedi for defendant No.1 present. He also signed the reply filed by defendant No.1 and adopted the same.
Heard both the parties in draft NM.
ORDER IN DRAFT NM
Read the affidavit in support of motion. Read the roznama dated 06.03.2023. The defendant No.2 failed to proceed with argument in execution, therefore, no argument order has been passed against defendant No.2. Read the roznama dated 02.11.2022. The plaintiff\''s argument was heard. On that date the defendant No.2 sought time to advance his argument. On 19.12.2022, 21.01.2023, the defendant No.2 failed to proceed with argument. On 06.03.2023 also he remained absent. After of sufficient opportunities the Court has passed order of no argument against defendant No.2. However, giving an opportunity in the interest of justice I am of the view to allow the motion. Hence, I pass the following order.
ORDER
1. Draft Notice of Motion is allowed subject to costs of Rs.1000/- (Rupees One Thousand Only.).
2. Order dated 06.03.2023 directing the suit to proceed without argument of defendant No.2 is set aside.
3. Costs shall be paid to the plaintiff.
4. Draft Notice of Motion is disposed of accordingly. It be registered for statistical purpose.
Matter adjd to 18.04.2023 at 02.45 pm for compliance/NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv.M.S. Ansari for plaintiff present.
Adv.Siddharth Dustakar for defendant No.2 present.
KB
LO at 04.30 pm
Defendant No.2 present.
Adv.M.S. Ansari for plaintiff present.
Adv.Siddharth Dustakar for defendant No.2 present.
Heard the Ld.adv.for defendant No.2 in execution No.196/22.
Matter adjd to 21.04.2023 for citations by pltff.
Next Purpose: CIATATION
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: Adv.M.S. Ansari for plaintiff present.
Adv.Siddharth Dustakar for defendant No.2 present.
KB
LO at 03.40 pm
Adv.M.S. Ansari for plaintiff present.
Adv.Siddharth Dustakar for defendant No.2 present.
KB
LO at 04.00 pm
Adv.M.S. Ansari for plaintiff present.
Adv.Siddharth Dustakar for defendant No.2 present.
KB
LO at 04.45 pm
Same appearance.
Matter adjd to 02.05.2023 for citation.
Next Purpose: CIATATION
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Plaintiff present. His Adv. absent.
Adv.Siddharth Dustagar for defendant No.2 present.
KB
LO at 06.00 pm
Adv.M.S. Ansari for plaintiff present.
Adv.Trivedi for defendant No.1 present.
Adv.Siddharth Dustakar for defendant No.2 present.
As Court is busy in dictating judgment in SU 7210/06 and in SU 2477/21, hence, matter adjd to 14.06.2023 for order in NM.
Next Purpose: ORDER
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: Adv. M. A. Ansari for plaintiff present.
Adv. Siddharth Dustakar for defendant present.
Matter is adjd.to 21-06-2023 for NM Hrg.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Next Purpose: HEARING
Next Hearing Date: 07-07-2023
Date: 21-06-2023
Next Purpose: HEARING
Next Hearing Date: 07-07-2023
Date: 21-06-2023
Next Purpose: HEARING
Next Hearing Date: 07-07-2023
Date: 21-06-2023
Next Purpose: HEARING
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Adv. Ansari a/w plaintiff present.
Adv. Dustakar for defendant no. 2 present.
Matter is adjd.to 12-07-2023 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. Mohd. Akbar Ansari a/w plaintiff present.
Adv. D. M. Trivedi for defendant no. 1 present.
Adv. Dustakar for defendant no. 2 present.
Heard both sides.
Matter is adjd.to 27-07-2023 for exec. application Order.
Next Purpose: ORDER
Next Hearing Date: 27-07-2023
Date: 12-07-2023
Next Purpose: ORDER
Next Hearing Date: 27-07-2023
Date: 12-07-2023
Next Purpose: ORDER
Next Hearing Date: 27-07-2023
Date: 12-07-2023
Next Purpose: ORDER
Next Hearing Date: 27-07-2023
Date: 12-07-2023
Next Purpose: ORDER
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Next Purpose: ORDER
Next Hearing Date: 01-08-2023
Date: 27-07-2023
Next Purpose: ORDER
Next Hearing Date: 01-08-2023
Date: 27-07-2023
Next Purpose: ORDER
Next Hearing Date: 01-08-2023
Date: 27-07-2023
Next Purpose: ORDER
Next Hearing Date: 01-08-2023
Date: 27-07-2023
Next Purpose: ORDER
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Adv. M. A. Ansari for plaintiff present.
Adv. Siddharth Dustakar for defendant no. 2 present.
Matter is adjd.to 09-08-2023 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. Ansari for Plaintiff present.
Adv. Siddharth Dustakar for defendant no. 2 in suit and exec. application no. 196/22 present.
Matter is adjd.to 25-08-2023 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-08-2023
Date: 09-08-2023
Business: Adv. Ansari for Plaintiff present.
Adv. Siddharth Dustakar for defendant no. 2 in suit and exec. application no. 196/22 present.
Matter is adjd.to 25-08-2023 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-08-2023
Date: 09-08-2023
Business: Adv. Ansari for Plaintiff present.
Adv. Siddharth Dustakar for defendant no. 2 in suit and exec. application no. 196/22 present.
Matter is adjd.to 25-08-2023 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-08-2023
Date: 09-08-2023
Business: Adv. Ansari for Plaintiff present.
Adv. Siddharth Dustakar for defendant no. 2 in suit and exec. application no. 196/22 present.
Matter is adjd.to 25-08-2023 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-08-2023
Date: 09-08-2023
Business: Adv. Ansari for Plaintiff present.
Adv. Siddharth Dustakar for defendant no. 2 in suit and exec. application no. 196/22 present.
Matter is adjd.to 25-08-2023 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-08-2023
Date: 09-08-2023
Business: Adv. Ansari for Plaintiff present.
Adv. Siddharth Dustakar for defendant no. 2 in suit and exec. application no. 196/22 present.
Matter is adjd.to 25-08-2023 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
None for defendant
k.b. for order. Later on 4.25pm.
Plaintiff present.
Adv. Siddharth Dustakar for defendant present.
As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
Matter is adjd.to 29-08-2023 for Order
Next Purpose: NM ORDERS
Next Hearing Date: 29-08-2023
Date: 25-08-2023
Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
None for defendant
k.b. for order. Later on 4.25pm.
Plaintiff present.
Adv. Siddharth Dustakar for defendant present.
As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
Matter is adjd.to 29-08-2023 for Order
Next Purpose: NM ORDERS
Next Hearing Date: 29-08-2023
Date: 25-08-2023
Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
None for defendant
k.b. for order. Later on 4.25pm.
Plaintiff present.
Adv. Siddharth Dustakar for defendant present.
As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
Matter is adjd.to 29-08-2023 for Order
Next Purpose: NM ORDERS
Next Hearing Date: 29-08-2023
Date: 25-08-2023
Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
None for defendant
k.b. for order. Later on 4.25pm.
Plaintiff present.
Adv. Siddharth Dustakar for defendant present.
As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
Matter is adjd.to 29-08-2023 for Order
Next Purpose: NM ORDERS
Next Hearing Date: 29-08-2023
Date: 25-08-2023
Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
None for defendant
k.b. for order. Later on 4.25pm.
Plaintiff present.
Adv. Siddharth Dustakar for defendant present.
As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
Matter is adjd.to 29-08-2023 for Order
Next Purpose: NM ORDERS
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Adv. Mohd. Akbar Ansari for plaintiff present.
Adv. Siddharth Dustakar for defendant present.
ORDER
1. Execution Application No.196 of 2022 and Notice of Motion No.1160 of 2019 stands allowed.
2. Mr Anil Laxman Korgaonkar, Architect, is appointed as a Court Commissioner for effecting temporary partition of the suit premises by demarcating 1/3rd share each of the plaintiff Mr. Virendra Prasad Girijaprasad Shukla, defendant No.1 Kantidevi Girija Prasad Shukla, defendant No.2. Mr. Rajendra Girija Prasad Shukla in terms of the Order dated 25.02.2019 passed by this Court based upon the decree passed by this Court in S.C. Suit No.545/2017 on 26.10.2018 under Order 12 Rule 6 of CPC subject to payment of reasonable fee/remuneration of the Court Commissioner by the plaintiff Virendra Prasad Shukla.
3. The Sr. Inspector of Nagpada Police Station, Mumbai, is directed to make available suitable number of police personnel to the plaintiff Virendra Prasad Girijaprasad Shukla while effecting temporary partition of the suit property i.e. Room No.501, 5th Floor, Panchratna Building, 14th Lane, Nagpada, Mumbai, on payment of requisite charges therefor by him.
4. It is made clear that the expenses of erecting such temporary partition shall be borne by the plaintiff Virendra Prasad Girijaprasad Shukla.
5. Registrar (Civil) to issue appropriate Writ to the Court Commissioner.
6. The plaintiff shall make available the requisite documents such as the copy of decree passed in S.C.Suit No.545/2017, order dated 25.02.2019 passed by this Court for temporary partition of the suit premises, etc., to the Court Commissioner who will give prior notice to the parties.
7. The Court Commissioner shall submit his report to this Court on or before next date.
Matter is adjd.to 10-10-2023 for NM Hrg.
Next Purpose: NM ORDERS
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Matter adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: Adv. Ansari for plaintiff present.
Adv. Kajal Maurya for defendant no. 2 present.
Matter is adjourned to 09-01-2024 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: Adv. Ansari for plaintiff present.
Adv. Kajol Maurya for plaintiff present.
Matter is adjourned to 16-01-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: Adv. Ansari for plaintiff /applicant Exec. no. 196/22 Present and filed pursis taken on record marked as Exh.46
Adv. Kajal Maurya for defendant present and received copy of Exh. 46
Matter is adjourned to 23-01-2024 for say and Hrg on Exh. 46
Next Purpose: FILING SAY
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: None for plaintiff.
Adv. Deepak Trivedi for defendant no. 1 present and given handwritten say on Exh.46
Adv. Kajal Maurya for defendant no. 2 present and given say taken on record marked as Exh. 47
Matter is adjourned to 06-02-2024 for Hrg Exh. 46
Next Purpose: HEARING
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: Adv. Ansari for plaintiff present.
Adv. Kajal Maurya for defendant present
On the request of defendant counsel, matter is kept back.
Heard both the parties on Exh. 46.
Matter is adjourned to 23-02-2024 for order on Exh. 46.
Next Purpose: ORDER
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: Adv. Ansari for plaintiff present.
Adv. Kajal Maurya for defendant present.
Defendant no. 2 in person present and filed adjournment application t.o.r. marked as Exh.48 O- Other side to say.
Order below Exh. 48-
By this application the defendant no. 2 would seek adjournment contending that he has to change his advocate. Today the matter is posted for passing order on application Exh. 46. The plaintiff oppose the application contending that the defendant no. 2 is in the habit of changing advocate. In the execution application the Court has appointed an architect as a Court Commissioner for temporary partition of suit premises. However in the min time since the parties had shown their willingness to arrive at an amicable settlement, the temporary partition of the suit premises was postponed but now since there is no likelihood of amicable settlement between the parties about such partition, the Court Commissioner is to be intimated to proceed with such partition. Hence, it is claimed that the present application is moved with a view to delay the said process of patition and the same is therefore liable to be rejected. After having considered the matter, I find substance in the submissions advanced by The Ld. Counsel for plaintiff. The application thus being without substance and merits is liable to be rejected and stands rejected accordingly.
Order below Exh. 46 -
By this application the plaintiff would seek to intimate the Court Commissioner to carry out to proceed with the execution as per order dtd. 04-09-2023 passed in execution application no. 196 of 2022 and NM No. 1160 of 2019. It is stated that vide said order dtd. 04-09-2023 it is ordered that the suit property be demarcated and temporary partition to be put up by empaneled architect in to three parts. A Court Commissioner namely Mr. Anil Laxman Korgaonkar, an architect was appointed for effecting temporary partition. During the execution process since the defendant/respondent Rajendra Prasad Shukla disclosed willingness for amicable settlement, the process of temporary partition of suit premises was postponed. However the parties could not arrive at an amicable settlement. Hence, the process of effecting partition in view of the order dtd. 04-09-2023 will have to be carried out by intimating the said Court Commissioner Architect. The defendant no. 2 opposed the said application vide the reply Exh. 47. It is his contention that being aggrieved by the said order dtd. 04-09-2023 he has preferred an appeal. It is also stated that there are material deficiencies and practical difficulties in effecting partition of the 180 sq.ft. premises in to three parts, etc. The defendants no. 2 didnt place on record any material to show that he has preferred an appeal against the said order dtd. 04-09-2023. Considering the submissions advanced by The Ld. Counsel for parties I would find substance in the application to proceed with the process of effecting temporary partition of the suit premises by the Court Commissioner. Hence, the application Exh. 46 is allowed. The Court Commissioner be informed accordingly.
Authenticated copy of this roznama be given to the Ld. Counsel for plaintiff as sought for.
Matter is adjourned to 27-03-2024 for a waiting commissioner report.
Next Purpose: REPORT
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Presiding Officer is on leave.
Hence, Matter is adjourned
Next Purpose: REPORT
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Adv. Ansari a/w plaintiff present.
Adv. Deepak Trivedi for defendant no. 1 present.
Adv. Sofia Udaipuri a/w defendant no. 2 present and she gave undertake to file vakalatnama on the next date of hearing.
The Ld. Court Commissioner along with his forwarding letter, it is taken on record and marked as Exh.49 , forwarded his report as regards to the execution of commission in sealed cover. After opening the sealed cover it found containing his final report in triplicate, one is meant for the Court, one for the plaintiff and the other for defendants. The report meant for the plaintiff be provided to the plaintiff with the understanding that same would be for the plaintiff and defendant no. 1 and the other meant for defendant be provided to defendant no. 2. The report meant for the Court is taken on record and marked as Exh.50
Defendant no. 2 though present inperson refuse to accept the said commissioner report.
Matter is adjourned to 06-04-2024 for consideration of commissioner report and further order.
Next Purpose: REPORT
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: Adv. Ansari a/w plaintiff present.
Adv. Deepak Trivedi for defendant no. 1 present.
Adv. Ravi Upadhyay a/w defendant no. 2 present and undertake to file vakalatnma on next date of hearing.
The plaintiff filed an application seeking direction to the Court Commissioner namely Anil Korgaonkar to comply with the directions given by this Court vide order dtd. 04-09-2023 for executing the commission to effect temporary partition of the suit premises, for holding an inquiry with respect to misconduct on the part of the said Court Commissioner and for suspension from the empanelment. The said application is taken on record and marked as Exh.51.
Before considering this application the said Court Commissioner Mr. Anil Korgaonkar will have to be given opportunity of hearing. Hence, notice be issued to said Mr. Anil Korgaonkar, Court Commissioner to show cause why this application should not be allowed. The notice be made returnable on 29-04-2024.
An Authenticated copy of this roznama be given to the Ld. Counsel for plaintiff.
Matter is adjourned to 29-04-2024 for r/o notice.
LO
Defendant no. 2 Rajendraprasad Shukla made application for furnishing him a copy of commissioner report. . It is taken on record and marked as Exh.52 It appears that on previous date when copy of commissioner report was sought to be tendered to the defendant no. 2, he had refused to accept the same. Since the defendant no. 2 is now seeking grant of said copy of commissioner report, the same will have to be allowed. Hence, the application stands allowed. Copy of commissioner report Exh. 50 be furnished to the defendant no. 2
Next Purpose: NOTICE
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: None for defendant
Mr. Anil Korgaonkar, the court commissioner appointed by this court is present in response to the show cause notice issued by this court on the last date. He would make submission that he has not received copy of the application Exh. 51 moved by the the Ld. Counsel for the plaintiff, to which said Mr.. Korgaonkar has to file his response. Hence Mr. Korgaonkar would seek time to submit his response. Considering his submission, time needs to be granted to file response on Exh. 51.
Since none is present for the plaintiff, matter will have to be kept back.
k.b.
later on 5.00 pm
Plaintiff in person present.
Defendant in person present. Since the plaintiff does not appear to have served copy of application Exh. 52 on the Court Commissioner Shri. Anil Korgaonkar so that he could be able to file his response on the Exh. 52, plaintiff is directed to serve copy of the Exh. 52 alongwith its enclosure on the said Court Commissioner well in advance so that he could be able to file his response on the next date.
Adv. V. R. Shroff for alleged intervenor namely Mrs. Chimudevi R. Shukla moved application seeking permission to file intervention application and for grant of the time for the same. It is taken on record and marked as Exh. 53. She also tendered vakalatnama enganing Adv. Shri. V. R. shroff . It is taken on record and marked as Exh. 54 . The said applicant Chimudevi being not a party to the present proceeding her application Exh. 53 cannot be considered and hence stands rejected.
Matter is adjourned to 14-06-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: Adv. Ansari for plaintiff present.
Defendant no. 2 in person present.
Mr. Anil Korgaonkar, the court commissioner is present and submitted his reply to the application Exh. 51 which is moved by the plainitiff. It is taken on record and marked as Exh. 55.
Matter is adjd to 25-07-2024 for hrg on Exh. 51.
Next Purpose: HEARING
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: Plaintiff in person present.
None for defendant
LO at 04.00 PM
Adv. M.A. Ansari for plaintiff present.
Adv. Rupen Rathod for defendant No. 2 present and filed V/P. It is taken on record and marked as Exh. 56.
Court commissioner Anil Kodgaonkar is present.
Matter is adjourned to 04-09-2024 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Adv. M.A. Ansari a/w plaintiff present and heard on the application Exh.51.
Adv. Priti Mane h/f Adv. Krupen Rathod for defendant No.2 present.
Adv. Sarika Mehra for applicant / proposed defendant present and filed fresh vakalatnama. It is taken on record and marked as Exh.57. She further filed draft chamber summons alongwith affidavit in support. It is taken on record.
O-Leave is granted to register draft CS.
Copy of the same served to other side.
Matter is adjourned to 07-10-2024 for filing affidavit of service in CS and submission of Court commissioner in Exh. 51.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2024
Date: 07-10-2024
Business: Adv. M.A. Ansari a/w plaintiff present and filed affidavit in reply to CS No.1994/2024. It is taken on record and marked as Exh.58.
Adv. Rathod for defendant no.2 present.
Adv. Sarika Mehra for applicant present and tendered registered CS No.1994/2024 alongwith affidavit in support.
Court Commissioner Anil Korgaonkar present and filed written submission on Exh.51. It is taken on record and marked as Exh.59.
Matter is adjourned to 11.11.2024 for filing of affidavit of service in CS and order on Exh.51.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
Adv. Sarika Mehra for applicant in C/S No.1994/24.
Adv. Trupen Rathod for Deft No.1 present.
Heard applicant.
Order on Chamber Summons No.1994 of 2024.
Advocate on behalf of the intervenor submits that she is in occupation in premises since last 40 years and hence she is necessary party in the said proceeding. The present proceeding is the partition of the said property and separate possession. It is allegedly between three heirs interse. The present intervenor is wife of Defendant No.2. Apparently none of their rights are shown to be affected in the present suits. It is alleged the she is in exclusive occupation of the suit premises. I do not find this to be aground to make the intervenor as party as she is not one of the co-owner and as independent right if any for protection her alleged possession if any. Considering the same chamber summons is without any substance hence stands dismissed.
Later on
Adv. M. A. Ansari for plaintiff present.
Adjourned on 02.12.2024 at 11.00am for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2024
Date: 11-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
Adv. Sarika Mehra for applicant in C/S No.1994/24.
Adv. Trupen Rathod for Deft No.1 present.
Heard applicant.
Order on Chamber Summons No.1994 of 2024.
Advocate on behalf of the intervenor submits that she is in occupation in premises since last 40 years and hence she is necessary party in the said proceeding. The present proceeding is the partition of the said property and separate possession. It is allegedly between three heirs interse. The present intervenor is wife of Defendant No.2. Apparently none of their rights are shown to be affected in the present suits. It is alleged the she is in exclusive occupation of the suit premises. I do not find this to be aground to make the intervenor as party as she is not one of the co-owner and as independent right if any for protection her alleged possession if any. Considering the same chamber summons is without any substance hence stands dismissed.
Later on
Adv. M. A. Ansari for plaintiff present.
Adjourned on 02.12.2024 at 11.00am for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2024
Date: 11-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
Adv. Sarika Mehra for applicant in C/S No.1994/24.
Adv. Trupen Rathod for Deft No.1 present.
Heard applicant.
Order on Chamber Summons No.1994 of 2024.
Advocate on behalf of the intervenor submits that she is in occupation in premises since last 40 years and hence she is necessary party in the said proceeding. The present proceeding is the partition of the said property and separate possession. It is allegedly between three heirs interse. The present intervenor is wife of Defendant No.2. Apparently none of their rights are shown to be affected in the present suits. It is alleged the she is in exclusive occupation of the suit premises. I do not find this to be aground to make the intervenor as party as she is not one of the co-owner and as independent right if any for protection her alleged possession if any. Considering the same chamber summons is without any substance hence stands dismissed.
Later on
Adv. M. A. Ansari for plaintiff present.
Adjourned on 02.12.2024 at 11.00am for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2024
Date: 11-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
Adv. Sarika Mehra for applicant in C/S No.1994/24.
Adv. Trupen Rathod for Deft No.1 present.
Heard applicant.
Order on Chamber Summons No.1994 of 2024.
Advocate on behalf of the intervenor submits that she is in occupation in premises since last 40 years and hence she is necessary party in the said proceeding. The present proceeding is the partition of the said property and separate possession. It is allegedly between three heirs interse. The present intervenor is wife of Defendant No.2. Apparently none of their rights are shown to be affected in the present suits. It is alleged the she is in exclusive occupation of the suit premises. I do not find this to be aground to make the intervenor as party as she is not one of the co-owner and as independent right if any for protection her alleged possession if any. Considering the same chamber summons is without any substance hence stands dismissed.
Later on
Adv. M. A. Ansari for plaintiff present.
Adjourned on 02.12.2024 at 11.00am for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2024
Date: 11-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
Adv. Sarika Mehra for applicant in C/S No.1994/24.
Adv. Trupen Rathod for Deft No.1 present.
Heard applicant.
Order on Chamber Summons No.1994 of 2024.
Advocate on behalf of the intervenor submits that she is in occupation in premises since last 40 years and hence she is necessary party in the said proceeding. The present proceeding is the partition of the said property and separate possession. It is allegedly between three heirs interse. The present intervenor is wife of Defendant No.2. Apparently none of their rights are shown to be affected in the present suits. It is alleged the she is in exclusive occupation of the suit premises. I do not find this to be aground to make the intervenor as party as she is not one of the co-owner and as independent right if any for protection her alleged possession if any. Considering the same chamber summons is without any substance hence stands dismissed.
Later on
Adv. M. A. Ansari for plaintiff present.
Adjourned on 02.12.2024 at 11.00am for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. D. M. Trivedi for Deft No.1 present.
Defendant No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Plaintiff submits that his advocate is engaged in Honble High Court. Adjourned on 03.12.2024 at 11.00am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2024
Date: 02-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. D. M. Trivedi for Deft No.1 present.
Defendant No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Plaintiff submits that his advocate is engaged in Honble High Court. Adjourned on 03.12.2024 at 11.00am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2024
Date: 02-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. D. M. Trivedi for Deft No.1 present.
Defendant No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Plaintiff submits that his advocate is engaged in Honble High Court. Adjourned on 03.12.2024 at 11.00am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2024
Date: 02-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. D. M. Trivedi for Deft No.1 present.
Defendant No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Plaintiff submits that his advocate is engaged in Honble High Court. Adjourned on 03.12.2024 at 11.00am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2024
Date: 02-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. D. M. Trivedi for Deft No.1 present.
Defendant No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Plaintiff submits that his advocate is engaged in Honble High Court. Adjourned on 03.12.2024 at 11.00am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Adv. D. A. Tiwari for Deft No.1 present.
Deft No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani for Deft No.2 present.
KB at 01.30pm.
Later on
Same appearance.
Parties are exploring possibilities of settlement. Placed on 23.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2024
Date: 03-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Adv. D. A. Tiwari for Deft No.1 present.
Deft No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani for Deft No.2 present.
KB at 01.30pm.
Later on
Same appearance.
Parties are exploring possibilities of settlement. Placed on 23.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2024
Date: 03-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Adv. D. A. Tiwari for Deft No.1 present.
Deft No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani for Deft No.2 present.
KB at 01.30pm.
Later on
Same appearance.
Parties are exploring possibilities of settlement. Placed on 23.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2024
Date: 03-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Adv. D. A. Tiwari for Deft No.1 present.
Deft No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani for Deft No.2 present.
KB at 01.30pm.
Later on
Same appearance.
Parties are exploring possibilities of settlement. Placed on 23.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2024
Date: 03-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Adv. D. A. Tiwari for Deft No.1 present.
Deft No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani for Deft No.2 present.
KB at 01.30pm.
Later on
Same appearance.
Parties are exploring possibilities of settlement. Placed on 23.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2024
Date: 23-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Son of Deft No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Adjourned on 02.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-01-2025
Date: 23-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Son of Deft No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Adjourned on 02.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-01-2025
Date: 23-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Son of Deft No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Adjourned on 02.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-01-2025
Date: 23-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Son of Deft No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Adjourned on 02.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-01-2025
Date: 23-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Son of Deft No.2 present.
Adv. Trupen Rathod for Deft No.2 present.
Adjourned on 02.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-01-2025
Date: 02-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod for defendant No.2 present.
KB
Later on
Same appearance.
By consent placed on 03.01.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-01-2025
Date: 02-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod for defendant No.2 present.
KB
Later on
Same appearance.
By consent placed on 03.01.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-01-2025
Date: 02-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod for defendant No.2 present.
KB
Later on
Same appearance.
By consent placed on 03.01.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-01-2025
Date: 02-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod for defendant No.2 present.
KB
Later on
Same appearance.
By consent placed on 03.01.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-01-2025
Date: 02-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod for defendant No.2 present.
KB
Later on
Same appearance.
By consent placed on 03.01.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani and Adv. Pravin for defendant No.2 present.
KB
Later on
Same appearance.
Parties expressed that settlement is not possible.
Adjourned on 06.01.2025 for Arguments.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-01-2025
Date: 03-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani and Adv. Pravin for defendant No.2 present.
KB
Later on
Same appearance.
Parties expressed that settlement is not possible.
Adjourned on 06.01.2025 for Arguments.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-01-2025
Date: 03-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani and Adv. Pravin for defendant No.2 present.
KB
Later on
Same appearance.
Parties expressed that settlement is not possible.
Adjourned on 06.01.2025 for Arguments.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-01-2025
Date: 03-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani and Adv. Pravin for defendant No.2 present.
KB
Later on
Same appearance.
Parties expressed that settlement is not possible.
Adjourned on 06.01.2025 for Arguments.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-01-2025
Date: 03-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod a/w Adv. Deepmani and Adv. Pravin for defendant No.2 present.
KB
Later on
Same appearance.
Parties expressed that settlement is not possible.
Adjourned on 06.01.2025 for Arguments.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-01-2025
Date: 06-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 07.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-01-2025
Date: 06-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 07.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-01-2025
Date: 06-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 07.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-01-2025
Date: 06-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 07.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-01-2025
Date: 06-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 07.01.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 28.01.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025
Date: 07-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 28.01.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025
Date: 07-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 28.01.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025
Date: 07-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 28.01.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025
Date: 07-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Defendant No.2 present.
Adjourned on 28.01.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025
Date: 28-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Defendant No.2 present.
Adv. Trupen Rathod for defendant No.2 present.
KB
Later on
Same appearance.
Adv. M. A. Ansari for plaintiff present.
Adjourned on 30.01.2025 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Mr. Mohammed Akbar Ansari for plaintiff present.
Adv. Trupen Rathod for defendant No.2 present.
Plaintiff present.
Defendant No.2 present.
Kept back
Later on at 1.29 pm.
Heard part Arguments of both the sides on NM No.844/2019, NM No. 941/2019 and NM No.3794/2019
Kept back.
Later on at 02.45 pm.
Ld. Adv. for both the sides filed consent terms. Taken on record. The parties and their advocates are present and accept the terms of the consent terms. It is marked as Exh.60.
Considering the condition stated in the consent terms, recording of satisfactions and recording of consent terms to be part of decree is kept in abeyance till 17.04.2025.
Matter is adjd to 17/04/2025 for compliance and hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
None for defendant.
KB
Later on
Same appearance.
Adv. Trupen Rathod for defendant No.2 present.
Defendant No.2 present.
Advocate of plaintiff submits that there was some miscommunication with regard to the account details and hence amount could not be deposited and to show his genuineness to brought DD of Rs.17 Lakhs in the court. Defendant No.2 on instructions submits that there is some discrepancy in the name and has doubt of the DD being honoured by the bank. Defendant to tenders account details today. The advocate of defendant to furnish account details by email to the advocate of the plaintiff and also by whatsapp today itself. Within two working days next of furnishing of such details, the plaintiff to transfer the amount in the account of the defendants. Within two weeks of such transfer the release deed and other compliances as per consent terms be made by the defendants.
By consent placed on 24.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Both parties absent.
Be placed on 02.05.2025 for Compliance relating to information of settlement.
Later on
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present and tenders application for passing decree as per consent terms dtd. 30.01.2025. It is taken on record and marked as Exh.61.
Advocate of plaintiff tenders affidavit of service of application. It is taken on record and marked as Exh.62.
Adv. D. M. Trivedi for defendant No.1 present.
Adv. Trupen Rathod for defendant No.2 present and tenders application for withdrawal of vakalatnama. It is taken on record and marked as Exh.63. To follow appropriate process for discharge.
Plaintiff to file affidavit in terms of compliance of the order dtd. 17.04.2025 and 24.04.2025 so that further orders could be passed.
KB
Later on
Plaintiff present.
Adv. M. A. Ansari for plaintiff present and tenders affidavit. It is taken on record and marked as Exh.64.
Adjourned on 03.05.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 03-05-2025
Date: 03-05-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. M. A. Ansari for plaintiff present.
Order dictated and pronounced in open court.
F.R.S.R. Following order is passed below Exh.1.
ORDER
1. Decree be drawn in terms of compromise at Exh.60. Suit is disposed off in terms of compromise pursis at Exh.60.
2. Parties to bear their own costs.
F.R.S.R. Following order is passed below Exh.60.
ORDER
1. Decree be drawn in terms of compromise at Exh.60. Suit is disposed off in terms of compromise pursis at Exh.60.
2. In such circumstances, application at Exh.61 stands disposed off.
3. Notice of Motion No.844 of 2019, Notice of Motion No. 941 of 2019, Notice of Motion No.3794 of 2019 and Notice of Motion No.4829 of 2019 stands disposed off in view of above decree being passed.
4. Parties to bear their own costs.
F.R.S.R. Following order is passed on N/M No.844/19.
ORDER
1. In view of order passed at Consent terms (Exh.60), Notice of No.844 of 2019 stands disposed off accordingly.
F.R.S.R. Following order is passed on N/M No.941/19.
ORDER
1. In view of order passed at Consent terms (Exh.60), Notice of No.941 of 2019 stands disposed off accordingly.
F.R.S.R. Following order is passed on N/M No.3794/19.
ORDER
1. In view of order passed at Consent terms (Exh.60), Notice of No.3794 of 2019 stands disposed off accordingly.
F.R.S.R. Following order is passed on N/M No.4829/19.
ORDER
1. In view of order passed at Consent terms (Exh.60), Notice of No.4829 of 2019 stands disposed off accordingly.
Nature Of Disposal: DECREED IN TERMS OF COMPROMISE
Disposal Date: 03-05-2025