Date: 22-04-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2019
Date: 04-06-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Adv. Ashish Singh for the Plaintiff present.
Adv. Rajnish Upadhayay for Defendant no. 1 present.
He tendered registered NM 3128/19 a/w affidavit in support.
Matter is adjd. to 04/09/2019 by consent for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: Order passed below N/M no. 1431/19
This Notice of Motion has been taken out by the Plaintiff for restraining Defendant nos. 2 to 4 from issuing letter of allotment to Defendant no. 1 temporarily and further for restraining Defendant no. 1 temporarily from creating third party interest over suit flat no. 1003 alongwith other reliefs. It appears from submission of the adv for the Plaintiff as well as Defendant no. 1 that already Defendant nos. 2 to 4 have issued letter of allotment in favour of Defendant no. 1 and Defendant no. 1 is in the possession of suit premises i.e flat no. 1003. There is no reply tendered to this N/M by the defts, as already letter of allotment has been issued in favour of Defendant no. 1, prayer clause (a) has become infructuous. Further Prime facie it reveals that the Plaintiff is claiming his rights in the suit premises alongwith Defendant no. 1, as old premises was in the name of father of Plaintiff and Defendant no. 1. In such circumstance as now Defendant no. 1 is in possession of flat no. 1003, the Plaintiff has made out Prime facie case in respect of not to create third party interest over the suit premises by Defendant no. 1. Thus, this N/M is to be made partly absolute. With this I proceed to pass the following order.
Order
1. Notice of Motion No. 1431 of 2019 is made partly absolute.
2. Defendant no. 1 is hereby temporary restrained from creating any third party interest over the suit premises i.e flat no. 1003.
3. Notice of Motion No. 1431 of 2019 stands disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-09-2019
