Date: 26-03-2019
Business: Adv. Dalal for plff. present and has tendered registered NM No.1141/19 along with affd. of service.
Adv. Noman Shaikh for D/5,6 and 7 present and has filed V/P on behalf of D/5,6 and 7 t.o. r
Rest of the defts are absent.
D/1 appears to have been served with the N/M however report of service of D/3 and 4 and not be ascertained as they have been served because postal department has kept the item on hold presently. In view of this On request of Adv. for D/5 to 7 Matter is adjd. to. 02.04.2019 for reply to N/M and report of service on D/3 and 4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Adv. Dalal for plff. present and has filed affd. of service of N/M on D/3 and 4 t.o.r
Adv. Arvind Giriraj for D/1 and 5 to 7 present and has filed W/S and has submitted that it be treated as reply to N/M of the plff. He has also filed filed draft NM alongwith affidavit and sought to register it. TOR. Leave granted to register it. Copy supplied to adv. for plff.
D/2 is set to have died.
The report of D/3 and 4 about service is said set to have been to the effect that the item is returned unclaimed but the returned envelopes are not annexed to the affd. Hence, to the file the same.
Matter is adjd. to.05.04.2019 for hearing on ad-interim relief and reply to N/M taken out by D/1 and 5 to 7.
Next Purpose: HEARING
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Adv. Dalal for plff. present
Adv. Arvind Giriraj for D/5 to 7 present.
Rest of the defts are absent.
Parly heard the Ld. adv. for plff. as well as D/5 to 7 on N/M.
The Ld. adv. for defts wants to rely on certain document. He as at liberty to file the same along with list of documents and before that he should served copy thereof on the plff. Thereafter, both the parties shall be at liberty to make submission on next date. Matter is adjd. to. 08.04.2019 for further submission on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv. Dalal for plff. present and has filed list of 8 documents t.o.r
Adv. for D/5 and 6 present.
Heard the Ld. adv. for plff. as well as Ld. adv. for D/5 and 6. Matter is adjd. to. 23.04.2019 for Order on N/M No.1141/29.
Next Purpose: NM ORDERS
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Adv. for plff present.
Adv. for deft present.
Matter is adjd. to.30/04/2019 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: plff. and his adv. absent.
Adv. for deft nos. 5, 6 and 7 present.
K.B. at 4.55 pm.
Adv. of plaintiff present.
Matter is adjd. to. 04.05.19 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: Adv. for Plff. absent.
Adv. for D/5,6,7.present.
Rest of the deft are absent.
FRSR following order is passed on N/M No. 1141/19.
O R D E R
1.The Notice of Motion No.1141 of 2019 is partly allowed in following terms.
(i) The temporary injunction is granted restraining the defendants from alienating or creating third party rights and interest in the suit premises, pending the hearing and disposal of the suit.
(ii)Rest of the reliefs asked for in the Notice of Motion are refused.
2.In these terms, the Notice of Motion stands disposed of accordingly.
Matter is adjd. to.18.07.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Adv. for plff absent.
Adv. Ashok Patel for deft no. 5 to 7 present.
KB
Later On. At 03.00 pm.
Same appearance.
Defendant present submitted that the NM was filed on 02.04.2019 and therefore sought time to submit the report. Record reveals that the both the parties arguing on NM NO. 1141/19 therefore no steps is taken by deft no. 5 to 7 to get registered to NM No. 1141/19 it was filed on 02.04.2019. Hence the defendant no 5 to 7 are directed to get register NM and served the notice to opposite party and other defendants.
Matter is adjd. to. 09/09/2019 for Report of service of Notice of Motion.
Next Purpose: REPORT
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Court is vacant, hence board is discharge
Next Purpose: REPORT
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: REPORT
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: By Precipe
Adv. Sachin Kudalkar for plff\''s present and
filed VP.TOR.
Adv. Shaikh for deft nos. 5 to 7 present.
None for deft nos. 1 to 4.
Consent Terms filed between plff and deft no. 5 to 7. TOR.
Advocate for plff filed application for withdrawal suit against deft no. 1 to 4.
It appears that plffs and deft no. 5 to 7 have filed consent terms behind back up deft no. 1 to 4. Moreover the plff have also filed application for withdrawal for suit against deft no. 1 to 4. Under such circumstances I will have to verify whether the consent terms Exh.8 between plaintiff and defendant no. 5 to 7 are adverse to the interest of defendant no. 1 to 4. Hence plff is directed to serve consent term Exh.8 as well as application for withdrawal Exh. 9 upon defendant no. 1 through RPAD and deft no. 2 to 4 through court bailiff.
Already adjd for Service to 18.11.2019.
Next Purpose: SERVICE
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Sachin Kudalkar for plff present.
Adv. Heena for deft no.5 to 7 present.
Advocate for plff is directed to file affidavit of service upon deft no.1 to 4 as ordered on last date i.e 18.10.2019.
Adjd for Service Report upon defendant no. 1 to 4 to 30.11.2019.
Next Purpose: SERVICE
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: Adv. Sachin Kudalkar for plff present.
None for deft.
Exh.10-Advocate for plaintiff filed affidavit of service upon deft no.1 and 2 alongwith acknowledgment receipts as well as unclaimed postal cover. It appears that deft no.1 is served with consent terms and application for withdrawal where as deft no.2 is found dead.
Exh.11-Advocate for plaintiff filed affidavit of service upon deft no.3 and 4 alongwith bailiff report. TOR.
It appears that deft no.3 and 4 where not found on the given addresses. However advocate for plff insisted that he would like to proceed with matter after framing issues.
Hence adjd for Framing Issues to 03.02.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: None for plaintiffs.
None for defendants.
Court busy in other matters. Hence, adjourned.
LO
Adv. Sachin Kudalkar for plaintiff present.
Order -
On 18-10-2019 the plaintiffs filed application for withdrawal of the suit against defendants no. 1 to 4 (Exh. 9) and on the same day he filed consent terms between the plaintiffs and defendants no. 5 to 7 (Exh. 8) and same was taken on record. However, the Court was of the opinion that the Notice of consent terms needed to be given to defendants no. 1 to 4 to find out whether the said consent terms was adverse to their interest. Pursuant to this order the plaintiffs served notice to defendant no. 1. Defendant no. 2 was found dead and defendants no. 3 to 4 were not found on their given addresses.
After going through the record of the case and the events narrated above, the plaintiffs want to withdraw the suit against defendants no. 1 to 4 unconditionally. The defendant no. 1 has not appeared to say that the consent terms are adverse to her interest. After withdrawal of the suit against defendants no. 1 to 4, the consent terms will not have any binding force against them. Therefore, it is not necessary to dwelve upon the point whether the consent terms adversly affect interest of defendants no. 1 to 4. The defendants no. 5 to 7 have already settled the matter with the plaintiffs and consent terms (Exh. 8 ) is filed. In view thereof permission is granted to the plaintiffs to withdraw the suit against defendants no 1 to 4. The consent terms (Exh. 8) is accepted. In view of the consent terms the matter stands disposed off. Decree be drawn up as per the consent terms (Exh. 8). Court fee be refunded to the plaintiff as per rules.
Nature Of Disposal: ORDER
Disposal Date: 03-02-2020