Mr. Janakiram Bhoomaiah PitlaVsMr. Vilas Anna Jadhav

Date: 27-03-2018
Business: Adv. J.D. Singh for pltff present and tendered draft NM with supporting affidavit. TOR. Leave granted to register.
Adjd for reply and hearing on draft NM on 13.07.18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2018

Date: 13-07-2018
Business: Adv. Mr. Vijay Srivastav for the Plaintiff present.
None present for the deft.
The plff has not made compliance and not furnished registered N/M.
Matter is adjd. to 18.09.2018 for compliance by the plff in respect of N/M/ proof of service of N/M and writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Business: Court is on half day (Second session) leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2018

Date: 13-12-2018
Business: Court is busy in final arguments in Suit no. 6153/05, hearing NM in Suit no. 2840/18 and hearing precipe matters and dictating judgment in Suit no. 2127/13. Hence, board is discharged.
Matter is adjd. to 11.2.19  for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2019

Date: 11-02-2019
Business: None present for the plaintiff.
The plff has failed to file registered N/M.  Hence, N/M no. 1520/18 is hereby dismissed for default.
Matter is adjd. to 2.07.2019 for proof of service of writ of summons/ dismissal order.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2019

Date: 02-07-2019
Business: Adv. J. D. Singh for plaintiff present.
None present for defendant.
Staff is also not present due to heavy rain.
Adjourned for affidavit of service to 18.7.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Adv. J. D. Singh for plaintiff present.
None present for defendant.
Registered NM no. 1520/18 (already disposed of) tendered by the plaintiff.  TOR
The writ of summons tendered by the plaintiff.
Application filed by the plaintiff for substituted service of summons to the defendant.
The Ld. counsel for the plaintiff submitted that the writ of summons was not served upon the defendant at his last known address which is mentioned in the agreement.  The writ of summons cannot be served by ordinary mode as the defendant is avoiding the service and therefore he prayed for substituted service.  The application is made on affidavit.  The report of Bailiff reflects that defendant was not found at his premises and the occupant of the said premises informed the Bailiff that the defendant has left the premises and whose whereabouts are not known.  In this background  the application needs consideration.  Hence it is expedient to pass following order.
ORDER
1.  Application (Exh.3) is  allowed.
2.  The writ of summons be served to defendant by pasting it at the last known address of the defendant and at the suit premises  where the defendant was ordinarily carrying out his business.
3. In addition the writ of summons be published in the daily news paper duly circulated in the locality where the defendant was lastly residing and ordinarily carrying out his business.
4.  Application is disposed of accordingly.
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Draft NM tendered by the plaintiff.  Leave is granted to registered.
Adjourned for affidavit of service of summons to 17.9.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Adv. J. D. Singh for plaintiff present.
Affidavit of service filed by the plaintiff.
The plaintiff seeks leave to issue fresh writ of summons to defendant.  Allowed.
Adjourned for steps to 18.11.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. J.D. Singh for plaintiff present.
Advocate for plaintiff tendered Application for  substituted Service and Issuance of fresh writ of summons.
Order below Exh.4
Read application. Permission is granted to the plaintiff to serve writ of summons by paper publication as per the order dated 18.07.2019.
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Matter is adjd to 28.02.2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. J.D. Singh for pltff present.
Advocate for plaintiff tendered Application for Completing the substituted service by publication in new papers and issuance of fresh writ of summons.
Order below Exh.5
O-Read application.
Permission is granted as a last chance to serve WOS in return of order.
Matter is adjd to 22.04.2020 for affidavit of service.
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: 06-11-2020

Date: 06-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Adv. J.D. Singh for plaintiff present.
None for defendant.
Application for extension of time for substituted service.
Read application. Time is extended for service of writ of summons in terms of order dtd. 18.11.19.
The matter is adjd for Service. to .28.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: P.O. is on leave.  Matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2021

Date: 24-09-2021

Date: 05-01-2022
Business: In view of Office Order No. 290/21,  P.O. is attending  40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, therefore matter is adjourned
Next Purpose: DIRECTIONS
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv. J. D. Singh for pltff present.
None for deft.
Adv for pltff tendered original registered NM No. 2896/19 along with affidavit of service.  TOR.
Order below NM No. 2896/19-
Perused the NM which is supported by an affidavit.  In spite of service none appeared on behalf of defendant.  On 11/02/2019 NM No. 1520/18 was dismissed in default.  Justified reasons are mentioned in affidavit in support in NM in para no. 2 to 8. hence for giving fair opportunity to the pltff to argue the NM NO. 1520/18 on merits I pass the following order.
ORDER
1. NM No. 2896/19 is allowed in terms of prayer clause a and b.
2. NM No. 1520/18 be restored to its original stage.
3. NM No. 2896/19 stands disposed of accordingly.
Matter is adjd to 06/07/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Adv. Singh for plaintiff is present.
None present for defendant.
KB Lo at 3.40 p.m.
Same appearance.
Matter adjd to 11.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. J.D. Singh for plaintiff is present.
None present for defendant.
Record shows that the Sheriff office served the copy of writ of summons a/w true copy of plaint on the defendant on 08.03.2021 by affixing it on the conspicuous part of the outdoor of the plaintiff. It further reveals that the public notice is also publish in the daily newspaper Navshakti dtd. 10.04.2021. Inspite of it the defendant failed to appear. Hence, the matter proceeded ex-parte against the defendant.
Heard Adv.for plaintiff.
KB for order. LO at 5.30 p.m.
F.R.S.R. following order is passed in NM No. 1520/18.
                                      ORDER
Notice of Motion No.1520/2018 is rejected.
Notice of Motion stands disposed of accordingly.
Matter adjd to 17.10.2022 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv. J.D. Singh for plaintiff is present.
Defendant proceeded ex-parte.
On oral request matter adjourned for evidence.
Matter adjd to 19.12.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: P.O.is on leave.
Matter adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Adv. J. D. Singh for plaintiff is present.
Ex-parte for defendant.
On oral request of Ld. Adv. for plaintiff, matter is adjourned.
Matter adjd to 13.09.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: None present for plaintiff.
Ex-parte against defendant.
Last chance granted to the plaintiff for filing evidence.
Matter adjd to 05.12.2023 for filing evidence of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: None present for plaintiff.
Defendant ex-parte.
Matter is adjourned for dismissal order.
Matter adjd to 20.01.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for plaintiff and defendant.
Sufficient time granted to plaintiff to lead evidence.  Roznama shows that plaintiff is not interested to proceed with the matter. Hence, suit stands dismissed for default. No order as to cost.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-01-2024

NOTICE OF MOTION/101520/2018
NOTICE OF MOTION/102896/2019

Filing Number: 102839/2018
Filing Date: 20-02-2018
First Hearing Date: 27th March 2018
Decision Date: 20th January 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE