Balu Gangaram AaroteVsPrakash Padmanabhan Nair

Date: 22-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Adjd to
Next Purpose: REPORT
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
Next Purpose: REPORT
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: COURT IS VACANT
Next Purpose: REPORT
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: None present.
Matter is adjd for Report to 17.03.2022
Next Purpose: REPORT
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv. Mr. Balbheem Patil for Plaintiff present.
	None for Defendant.
	Matter adj. to 19/03/2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. Mr.B S Patil present for Plaintiff.
	He filed joint affidavit of service of writ of summons. The bailiff report shows that the bailiff has served the writ of summons of daughter of the defendant. However, in view of  order V rule 15 of  C.P.C (Bombay Amendment, 1983) if the defendant cannot be served personally then it can be served on the \''any adult male member of the family of the defendant who is residing with him\''. Thus, in view of said legal position I do not find the service on daughter is a proper service. Hence, plaintiff to take proper steps to serve the defendant afresh.
	K.B.
             Exh.3	Later on :- Ld. Adv for plaintiff filed application Exh.3 praying for private notice for service of writ of summons on defendant through RPAD. Leave granted. Plaintiff to serve defendant privately by RPAD and filed service report on next date.
	Matter adj.  to 31/03/2022 for report.
Next Purpose: REPORT
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: PO is on training.  Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: P.O. is on training
Next Purpose: REPORT
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Matter pertaining to CR.61
Advocate Mr. B.S. Patil for plaintiff present.
None for defendant.
He filed Draft N/M along with affidavit in support of N/M tendered by advocate for the plaintiff. O-  Leave to register N/M is granted.  Copy be serve to other side.
Matter is already adjd. to 19-07-2022.
Next Purpose: REPORT
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Plaintiff and Adv. B. S. Patil present and filed application seeking unconditional withdrawal of the suit.  It is marked at Exhibit-4 .  The contents of the application are verified from the plaintiff present in the Court Hall.  He has been identified by his advocate.  Hence, the order-
                                     Order
1. Summary Suit No.273 of 2021 is permitted to be withdrawn unconditionally.
2.  Court fees as per rules be refunded to the plaintiff.
3.  The pending notice of motion no.1648 of 2022 do not survive and hence disposed of.
4.  Decree be drawn of accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 19-07-2022

NOTICE OF MOTION/101648/2022

Registration Number: 100273/2021
Transfer Date: 17-07-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 103309/2020
Filing Date: 09-03-2020
First Hearing Date: 22nd March 2021
Decision Date: 19th July 2022
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE