Date: 06-03-2020
Business: Matter is called out at 2.52pm
Adv.Pradosh Patil i/b R.K.Associates for plaintiff present.
Defendant in person present.
Adv. for plaintiff tendered registered C/S No.365/2020.T.O.R
Adv. for plaintiff tendered affidavit of evidence (Exh-25) along with document as per list. (Exh-26) T.O.R
Adv. for plaintiff tendered service affidavit in respect of service of C/S as well as affidavit of evidence. T.O.R
Copy supplied to the defendant.
Defendant tendered reply on C/S NO.365/2020.
Matter is adj to 16/04/2020 for C/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: C/S HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, Case is adjourned to 07/08/2020
Next Purpose: C/S HEARING
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: Due to Covid-19 none present.
Next Purpose: C/S HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Plaintiff and his advocate absent.
Adv.Vinay Pandey for defendant present.
Matter is adj to 08/02/2021 for C/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv Kezer Kharawala for plaintiff present.
Adv Parihar for defendant present.
Perused the C/s. Heard both sides, Ch/Su is moved by the plaintiff. It is requested that in the payer clause A the date is mentioned of the Register Partition deed as 12/10/2010. However, registered partition deed is registered on 12/10/2009. After looking to the plaint the date is mention as 12/10/2009. He submitted that under this circumstance he do not want to pressed prayer clause-a. However, he pointed out that in issue no.2 and 5 the date is mentioned as 12/10/2010 which needs to be corrected. He further submitted that Name of plaintiff is mentioned in the plaint as Narayan Lokaya Gujran instead of Narayan Lokaya Gujaran which is as per the register partition deed.
As per the reply of defendant there is delay and C/s is moved with malafide intention.
Prayer of the plaintiff is only regarding addition of alphabet a to make the surname as Gujaran which is supported by the Register Partition deed. Therefore C/s needs to be allowed and issued also requires to corrected as pointed out.
ORDER In Chamber Summons 365 of 20
1. C/s is hereby allowed in terms of prayer clause 2 of the schedule of C/s.
2. Date mentioned in the Issue no 2 and 5 is corrected as 12/10/2009.
3. Chamber summons is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 08-02-2021
