Date: 08-03-2019
Business: Resumed.
Adv. Pande for plaintiff tendered registered NM No. 1020/2019 with affidavit.
Exh. 6 - Affidavit of service. He submits that hand delivery of notice is refused however, speed post articles were accepted as the same are not yet returned to him.
Adjd for NM reply/arguments on ad-interim reliefs to 14.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: Resumed.
Matter received from C. R. No. 19.
Adv. Pawan Pande for plaintiff is present. None for defendant.
Heard, Adv. Pande, perused the copies of documents and affidavit placed on record. The plaintiff apprehends that the defendants may encroach on the suit property which are under development by putting the construction material and making the part of the suit property to their own use. According to plaintiff the adjacent property is also under SRA scheme and the defendants may take disadvantage. According to Ld. Advocate for the plaintiff on 14.02.2019, the defendants tried to encroach upon the suit property. Considering the absence of defendants and refusal to accept the service vide Exh. 6, it appears necessary to pass the following order -
ORDER
1. The defendants are temporarily restrained from entering into suit property till 28.03.2019.
2. Issue notice through Court bailiff to the defendants to show cause as to why the aforesaid order of injunction should not be confirmed r/o 28.03.2019. Short service is allowed.
3. The plaintiff is directed to comply with the provisions of Order 39 Rule 3 (a) of C.P.C.
An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
Adjd for report of notice and compliance to 28.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Resumed.
Adv. Pawan Pande for plaintiff is present. None for defendant.
The report of notice shows that it was served on the defendants. They have not appeared today.
Adv. Pande submits that the matter be may compromised and it may be adjourned.
Earlier order if any to continue till the next date.
Adjd for appearance of defendants to 14.06.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Adv. Mansi Jaiswal for plaintiff present and seeks time.
None present for defendants.
Earlier order if any to continue till next date.
Adjourned for evidence to 13.8.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Adv. V. K. Upadhyay for plaintiff present.
The suit is not yet register. Send the suit for scrutiny and registration.
Earlier order if any to continue till next date.
Adjourned for compliance to 9.10.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Pawan Pandey for plaintiff present.
Matter be sent to department for registration.
Earlier order if any to continue till next date.
Adjourned for compliance to 6.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2019
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 to 19/01/2021.
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.
Nature Of Disposal: ALLOWED
Disposal Date: 09-12-2021
