M/s. New Sangeeta CHS Ltd.VsMr. Ravindra Singh Thakur +2 more

Date: 06-12-2019
Business: Adv. Ms. Mansi Jaiswar for plaintiff present.
None for deft.
Time is extended to the plaintiff to serve writ of summons to the defendants.
Earlier order to continue till next date.
The matter is adjd for affidavit of service to 27.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Pawan Pandey for plaintiff present.
None for deft.
Plaintiff tendered original writ of summons.  On perusal of writ of summons, it appears that defts. were not duly served.  Plaintiff to take efforts to serve defts.
Earlier order, if any, to continue till next date.
The matter is adjd for affidavit of service to 22.04.2020 at 02.45 pm.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv. Pandey for plaintiff present.
None for deft.
Earlier order, if any, to continue till next date.
The matter is adjd for affidavit of service to 12.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 06.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Adv. Pawan Pandey for plff is present.
None for deft.
Adv.for plff has filed an application t.o.r marked as Exh.3.
O- Allowed in terms of prayer clause subject to necessary process fee.
Earlier order to continue till next date.
Matter adjd to 09.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv Pawan Pandey for plaintiff present.
None for defendant.
Order passed below NM No. 1020/19
Perused the Notice of motion which is supported by an affidavit of Chairman of plaintiff society Shri Dwivedi.  In the present case the writ of summons is served upon the defendant but none appeared for them.  It is also submitted that the copy of notice of motion is served upon the defendants as none appeared of the defendants for  the reply and considering the photographs and the contents of the notice of motion  which remained unchallenged.  It would be in the interest of justice to allow the same.  Considering the apprehension of the plaintiff as construction work is going on and there is apprehension of obstruction by the defendants.  The present notice of motion needs to be allowed in terms of prayer clause (a).  Hence I pass the following order.
ORDER   Notice of motion no. 1020/19 is allowed and made absolute in terms of prayer clause (a) and disposed off accordingly. Matter adjourned for further orders to
Matter is adjd to  17/02/2022 for further orders.
Next Purpose: ORDER
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: None present.
Matter is adjd to 09/06/2022 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Advocate Suman Gupta alongwith Pande for plaintiff present.
None present for defendant.
Defendant 3 is absent.
Order – It is not put on record through document that all defendants were really residing together on the area shown in Nine clause. It is also not clear whether the defendant No. 3 I married or unmarried sister. The Defendant No. 1 and 2 and now she was residing with them, In such situation on the basis of report of bailiff dtd. 24.11.2021. It cannot be said that the defendants are properly served. For better precaution it is essential to serve them through paper publication. i.e Free press Journal through the paper, which is circulating in large basis in concern locality. The plaintiff are directed to serve the defendants as per above directions.
Matter stands Adj for Compliance to  04.08.2022
Next Purpose: DIRECTIONS
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Suman Gupta for plaintiff is present.
None present for defendant.
KB LO at 2.50 p.m.
The Ld. Adv.for plaintiff has filed affidavit of service by way of paper publications on the defendant t.o.r. Seen.
Inspite of service the defendant failed to appear. Hence, the matter proceeded ex-parte against the defendant.
Matter adjd to 21.10.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: P.O. is on leave. Matter adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: P.O. is on leave.
Matter adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Adv. Pawan Pandey for plaintiff is present.
None present for defendant.
KB for filing affidavit of evidence.
LO at 1.30 p.m.
Adv. Pawan Pandey for plaintiff is present.
PW No.1 Balkrishana Dwivedi present.
The plaintiff has filed affidavit of examination in chief of PW No.1 t.o.r marked at Exh.4. Read and Recorded.
A/w list of documents t.o.r marked at Exh.5 and Certificate u/s 65-B of Evidence Act t.o.r marked at Exh.6. Seen.
Oath is administered to the witness.
He has admitted the contents of affidavit of examination in chief as true and correct. It bears his signature.
Matter adjd to 06.07.2023 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Ashok Gupta for plaintiff present. None for defendant when called.
Court is busy in dictating judgment in suit No. 9779/82 hence adjourned.
Matter adjd to 11/09/2023 for admission denial .
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Adv. Ashok Gupta i/b Pawan Pandey for plaintiff is present.
None present for defendant.
Matter adjd to 24.11.2023 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Adv. Pawan Pandey for plaintiff is present.
Witness PW-1 absent.
None present for defendant.
Matter adjd to 15.02.2024  for marking of document.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Adv. Suman Gupta for plaintiff is present.
None present for defendant.
PW-1 is absent.
KB
L.O at 1.00 p.m
Adv. Pawan Pandey for plaintiff is present and seek time for marking documents. The Ld. Adv. made statement that he will come with case law on next date. O- Time granted.
PW-1 Balkrishna Dwivedi is present.
Matter adjd to 06.05.2024 for marking documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: None present for plaintiff and defendant.
Matter adjd to 30.07.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: Adv. Suman Gupta for plaintiff is present and seek time. O- Time granted.
None present for defendant.
PW-1 absent.
Matter adjd to 26.09.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: P. O is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: None present for plaintiff and defendant.
Matter adjd to 20.02.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-02-2025

Date: 20-02-2025
Business: Adv. Pavan Pandey for plaintiff is present.
None present for defendant.
KB
LO at 1.55p.m.
Adv. Pavan Pandey for plaintiff is present and filed application Exh.7 seeking permission to delete the name of defendant no.2 and 3. Vide order dated 04/08/2022 suit proceeded exparte against defendants. O- Hence permission granted to delete the name of defendant no.2 and 3 from the title clause of plaint.
Chairman of Plaintiff society and defendant no.1 present.
The plaintiff has filed consent terms Exhibit-8. TOR. The Chairman of Plaintiff society by mame Balkrishna R. Dwivedi and defendant  Ravindra  Baldevsingh Thakur are present.  The advocate for plaintiff has identified the chairman of society and the defendant before the Court.
The plaintiff and defendant no.1 have admitted the consent terms when read over to them. Hence accepted and recorded. Suit is decreed in terms of Exhibit-8.
Decree be drawn up accordingly.
Court fees be returned as per rules.
Suit is disposed off with no order as to costs.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 20-02-2025

Filing Number: 102230/2019
Filing Date: 21-02-2019
First Hearing Date: 06th December 2019
Decision Date: 20th February 2025
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE