Date: 30-03-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdown
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 11.01.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv. Pankaj Thatte for applicant present.
Adv. Swati Gautam for defendant nos. 1 and 2 present.
Adv. for plff tendered original Notice of Motion no. 768/2020.
Adv. for applicant has filed affidavit of service upon deft nos. 1 and 2 to 6.
On oral request of Adv.for the deft nos. 1 and 2 adjourned for reply on NM.
Adjd for reply on NM on 13.01.2021.
Next Purpose: REPLY
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv. Pankaj Thatte for applicant/plaintiff is present.
Adv. Swati Gautame for deft nos. 1 and 2 present.
Reply filed by deft nos. 1 and 2 along with vakalatnama. Taken on record.
Order below NM no. 768/2020.
Perused the NM and the reply. Heard Ld. Adv. Shri Thatte for the applicant (original plaintiff) and Adv. Gautame for respondent (original defendant nos. 1 and 2). Affidavit of service is filed regarding original defendant nos. 3 to 6. None appeared for them. This Notice of Motion is for restoration of disposed of Suit no. 3862/2010. It is submitted that the plaintiff has withdrawn the suit by preferring application Exh.4 and vide pursis Exh.4-A the suit was withdrawn and disposed of on 18.12.2018. In support of this NM the plaintiff has placed reliance on several rulings (compilation of judgment) for the purpose of convenient it is marked at Exh.A. I have gone through all the four rulings mentioned in Exh.A. The plaintiff case is that the suit is for partition and due to the medical reasons the plaintiff could not continue with the suit and has to decided to withdraw it. It is further submitted that the suit flat has now gone for redevelopment and now the parties are ready to settle their dispute. The aforesaid rulings clearly stated that there is no specific provisions in CPC and under the given circumstances the Court has to recourse of Section 151 of the CPC. As the parties to the suit are ready to settle their dispute amicably, and in the interest of Justice in my opinion the Suit no. 3862/10 which was withdrawn and disposed of can be restored. Even otherwise the defendant nos. 1 and 2 have the no objection for restoration. Hence, I pass the following order.
ORDER
Notice of Motion no. 768/2020 is allowed and Suit no.3862/10 (High Court Suit no. 1554/10) be restored and it be kept on 20.01.2021.
NM no. 768/2020 is disposed of accordingly.
All concerned to act upon accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 13-01-2021