Date: 13-03-2019
Business: Adv. Ranjeet h/f H. P. Pandey for plaintiff present.
Adv. Gajanan D. Shinde for defendant present.
Kept back.
Adv. H.P Pandey for plaintiff present.
Adv. Shinde for defendant present.
Adv. for plaintiff filed original Notice of Motion No. 1087/19 t.o.r.
Adjd for recording evidence to 25/04/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adv. H. P. Pandey for plaintiff present and submitted that defendant is senior citizen and the suit is for partition.
Adv. Gajanan Shinde for defendant present.
As per office order No. 66 of 2019 the suits relating to differently abled person, senior citizen and marginalized sections of the society for speedy disposal, special court is designated and the suits are re-assigned to Court Room No. 9. hence transferred.
Adjd for recording evidence to 21/06/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Advocate Pradeep Singh for Plaintiff present and filed an application for return of original documents, t.o.r. O-Other side to say.
Advocate Gajanan Shinde for Defendant present and filed reply to NM no.1087/19, t.o.r.
Case is adjourned to 19/09/2019 for NM hearing and say on Exh.39.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Advocate for Plaintiff no.1A present and filed rejoinder to NM, t.o.r.
Advocate Gajanan Shinde for Defendant present
ORDER BELOW EXH.39
Heard. As original ration card perused by Plaintiff is the document required for day to day use by Plaintiff, application Exh.39 is allowed said original ration card be returned to Plaintiff subject to filing of its certified copy on the record of this suit.
Case is adjourned to 04/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: P.O. is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Advocate Mr. H. P. Pandey for Plaintiff present
Advocate Mr. Gajanan Shinde for Defendant present
Heard.
ORDER ON NM NO.1087/2019
This Notice of Motion is taken out by Plaintiff no.1A for appointing Guruprasad son of Rajkumar Yadav as the guardian of minor Plaintiff nos.1C, 1D and 1E who are brought on record after death of Plaintiff no.1B.
Mr. Guruprasad son of Rajkumar Yadav the CA of Plaintiff no.1A has filed his affidavit in support of Notice of Motion contending that Defendant nos.1C to 1E are minors and Mr. Guruprasad son of Rajkumar Yadav with his wife is taking care of those minors and he is maintaining those minors who are residing with him since their birth.
Defendant Bhaglal Yadav has resisted Notice of Motion contending that Notice of Motion is false and frivolous and if Notice of Motion will be allowed Defendant will suffer from prejudice. It is also contended that Mr. Guruprasad son of Rajkumar Yadav is not proper person to act as guardian of minors hence Defendant has prayed to dismiss the Notice of Motion.
Heard Plaintiff\''s advocate submitted that Plaintiff no.1C Pratibha Ramlautan Yadav has become major hence it is not necessary to appoint guardian for her however Plaintiff nos.1D and 1C are yet minors and to protect their interest guardian is necessary to be appointed. Defendants advocate also has brought it to the notice of the Court that Plaintiff no.1C now has become major and therefore prayer for appointing guardian for Plaintiff no.1C can not be granted.
I have given serious consideration to the submissions. As the suit is filed for partition of suit property definitely the interest of minor Plaintiff nos.1D and 1E is necessary to be protected. However, as Plaintiff no.1C has become major she may appear herself in the matter for protecting her own interest, hence I proceed to pass following order -
ORDER
1. Notice of Motion no.1087 of 2019 is partly allowed in terms of prayer clause (a).
2. Mr. Guruprasad son of Rajkumar Yadav, CA of Plaintiff no.1A is hereby appointed as guardian to represent minor Plaintiff nos.1D and 1E in this suit only.
3. Plaintiff no.1A is directed to make necessary amendment in the plaint within stipulated time provided by law.
Case is adjourned to 21/02/2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 07-01-2020