Date: 22-03-2019
Business: Adv for applicant in NM present and tendered original NM No.1261 of 19 alongwith affidavit. It is TOR.
Heard adv for applicant requested for ad interim order and has shown original copy of service to the Plaintiff. But the same is not affirmed by the applicant by way of affidavit as per city civil Rules. The applicant has personally served the notice unless the affidavit is on record. No ad interim order can be passed.
Adjd to 26/03/2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Adv. Mr. Sanklan Das for legal heirs for deft. No.1 present.
He filed affidavit of service. t.o.r.
Heard NM No.1261/19.
Heard advocate for legal heirs of deft no.1. Perused N/M supported by affidavit. Adv. for legal heirs of deft no.1 requested for staying the execution of decree. The deft. has apprehension that the ex-party decree will be executed and deft. will suffer irreparable loss. The deft has filed affidavit of service to the plaintiff of the N/M. The plaintiff did not appear. Hence as there is apprehension and the decree is ex-party. On perusal of the decree papers filed by deft. It shows that the jangam warrant is issued for attachment of movable property . As plaintiff did not appear and filed reply hence NM to proceed without reply. Adv. for deft. argue NM on next date.
Adjd. to 29/03/19 for order.
Next Purpose: ORDER
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Nobody present.
Adjd for NM for orders to 05/04/2019.
Next Purpose: ORDER
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Plaintiff and his Ld. Adv. is absent.
Defendant and his Adv. is absent.
Case is adjourned to 22/04/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Nobody present.
Adjd for order to 04/07/2019.
Next Purpose: ORDER
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: 1. The Notice of Motion is allowed
2. The applicants are hereby directed to deposit the amount of Rs. 2,00,000/- within one month of the order to be kept in Fixed deposit of nationalised bank.
3. On deposit of the amount within the above period the decree dt. 04/01/2014 in summary suit No. 7367/1997 is set aside and the file is restored.
4. Accordingly notice of motion is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 04-07-2019