Kanta Vishwanath Yadav +5 moreVsKamalaprasad Vishwanath Yadav +1 more

Date: 26-06-2018
Business: Adv. P.S. Pandey for plaintiff present.
Issue writ of summons through bailiff and RLAD.
Matter adj. for Affidavit of Service to 28.09.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: Plaintiff no.1 in person present. His advocate absent.
Adv. Priyank Shukla for D-1 and 2 present and filed VP on behalf of D-1 and 2.
He also filed written statement on behalf of  D-1 and 2. Copy served to plaintiff no.1 jut now.
Matter adj. for Framing Issues to 13.12.2018.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-12-2018

Date: 13-12-2018
Business: Adv. Pande for plaintiff present and filed draft issues.
None for defendant.
Matter adj. for Framing Issues to 30.04.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: None present for Plaintiff.
None present for Defendant.
Parties are directed to file draft issues.
Case is adjourned to 16/09/2019 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Court is busy in recording evidence in suit no.7793/00 and suit no.9168/92, hence case is adjourned
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Advocate Pandey for Plaintiff present
Advocate Shukla for Defendant present
By consent, case is adjourned to 03/02/2020 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: None present for Plaintiff.
Advocate Rajnish Upadhyay for Defendant  no.1 and 2 present and sought time, hence case is adjourned to 21/04/2020 for draft issues by Defendants.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lock down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 13/01/2021
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: None present for Plaintiff/s.
None present for Defendant/s.
Issues framed at Exh.4.
Matter is adjd. for evidence to 17.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: None present for the plff.
Adv Mr. Shukla for deft present.
Today’s is the first date for evidence of the plff after framing of the issues.
As nobody is present for the plff, considering the present pandemic condition so also, SOP issued by Hon’ble  High Court, matter is adjd. at same stage till next date.
Matter is adjd for recording evidence to 20.09.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None present for both the parties.
Today’s is the second date for evidence after framing of issues.
As both parties are absent, matter is adjd. at same stage till next date.
Matter is adjd. for recording evidence to 20.12.2021.
Judge
L.O. at 11.35 am
Adv Mr.Pandey for plff prenset and seeks adjournment.
Already adjd. to 20.12.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: None present for plff.
Adv Mr. Priyank Shukla present for defts.
Despite granting several opportunities, plffs have not adduced evidence hence, matter be kept for order.
Matter is adjd. for order to 04.05.2022.
Judge
L.O.at 11.45 a.m.
Adv Mr. Pandey for plffs and seeks adjournment.
On request of adv. for the plff, matter be kept for evidence.
Already adjd. to 04.05.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: None present for plff.
Adv Ms. Sejal Nag h/f Adv Mr. Priyank Shukla present for  deft.
Plff has not adduced evidence hence, as nobody is present for the plff, matter be kept for order.
Matter is adjd. for order to 06.07.2022.
Next Purpose: ORDER
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None present for both sides.
KB for order.
LO at 12.15 pm,
Adv.P.S.Pandey for plaintiff present.
Matter adjd to 17.08.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Plaintiff No.2 present.
KB
LO at 11.25 am,
Plaintiff No.2 present. On his oral request matter is kb.
KB
LO at 11.55 am
Adv.P.S. Pandey for plaintiff present.
Adv.Priyank Shukla for defendants present.
The plaintiff filed draft notice of motion a/w. Affidavit in support.
O-Leave granted to register draft NM.
Adv. of plaintiff filed affidavit of examination in chief of Mr.Bhaiyalal Vishwanath Yadav t.o.r. Keep for order.
The defendants filed reply in draft notice of motion filed today. Heard both parties on draft notice of motion. Following order is passed.
ORDER ON DRAFT NOTICE OF MOTION
This notice of motion is filed to set aside order dated 04.05.2022 keeping the suit in caption of dismissal. It is the contention of the plaintiffs that their advocate was out of station and therefore they were unable to file the affidavit of evidence.  The plaintiffs are ready to file their affidavit of evidence today itself. Hence, the suit can be proceeded further. Considering the reason stated, I pass the following order.
ORDER
1. Draft Notice of motion is allowed.
2. The suit is removed from the caption of dismissal.
3. The plaintiffs are allowed to file their affidavit of evidence.
4. Draft notice of motion is disposed of accordingly. It be registered for statistical purpose.
The affidavit of examination in chief of Mr.Bhaiyalal Vishwanath Yadav (PW-1) filed today is t.o.r. and marked as Exh.5. It is read and recorded.
Plaintiff requested time to file documents.
Matter adjd to 27.09.2022 for filing documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: None present.
K.B..Later on at 12.30 p.m.
Adv.Rajnish h/f Adv. Mishra for defendant no. is present.
Adv. P.S. Pande Plaintiff  for and filed compilation of document TOR marked at Exh. 6.
Copies are received by the advocate of defendant.
Matter adjd to 25/11/2022 for say on documents.
Next Purpose: REPLY
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Deft.No.1 present. None present for plaintiffs.
Adv.Priyansh Shukla for deft. present. He filed handwritten say on plaintiffs documents.
Matter adj. to 07.02.2023 for hearing of admissibility of documents.
Next Purpose: HEARING
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: None present for defendant.
Plaintiffs No.6 present. He requested for time. Matter adjd to 05.07.2023 for admissibility of documents.
Next Purpose: HEARING
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Adv. P. S. Pandey for plaintiff present.
Defendant no. 1 inperson present
Adv. Rajneesh Upadhyay  For defendant present.
Order as regard to the admissibility of documents enlisted in Exh. 6.
O- The documents except in serial no. 5, 7,14 and 16 , the other documents being the original and having been referred to in the oral evidence of plaintiffs witness no. 2 Bhaiyalal Vishwanath Yadav (Exh.5), the same are admitted in evidence and marked as Exh.7, 8,9,10,11,12colly, 13colly, 14 colly, 15colly, 16colly, 17 and 18 respectively. The plaintiff to take appropriate steps for admitting the documents at serial no. 5,7,14 and 16.
Matter is adjd.to 06-09-2023 for cross-examination of PW -2
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Adv. P. S. Pandey for plaintiff present.
Adv. P. Shukla for defendant present.
 With consent of both sides matter is adjourned to 13-10-2023
Matter is adjd.to 13-10-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Adv. P. S. Pandey for plaintiff present.
Adv. Rajnish Upadhyay  for defendant present.
Matter is adjd.to 23-11-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: plaintiff no. 6 in person present.
None for defendant
Matter is adjourned to   06-01-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present plaintiff no. 1 to 5.
plaintiff no. 6 in person present.
Adv. Rajesh Upadhay for defendant.
Plaintiff no. 6 filed adjournment application taken on record marked as Exh.  07.
Matter is adjourned to  17-02-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: Adv. P. S. Pandey  a/w  plaintiff no. 6 present.
None for defendant
The plaintiff witness PW - 1 Bhaiylal Vishwanath Yadav is not in attendance to face cross examination by opposite party From the perusal of the record, it appears that  the PW - 1 is not attending the matter since last 5 days i.e. 06-09-2023, 13-10-2023,23-11-2023,06-01-2024, 20-01-2024. I do not find any justification to keep the matter pending same stage. Hence, the affidavit of examination in chief Exh. 5 stands discarded from the evidence of the plaintiff.
Matter is adjourned to 02-04-2024 for plaintiffs further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: Plaintiff no. 1 and 5 in person present and filed adjournment application t.o.r. marked as Exh.8
Adv. Rajneesh Upadhyay for defendant present.
The plaintiff no. 1 and 5 in the application Exh. 8 state that their advocate being seek unable to attend the matter today. The other party offered no objection for granting the adjournment. Hence, the application stands allowed.
Matter is adjourned to 12-06-2024 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: None for plaintiff.
None for defendant
From the last dated roznama it appears that the dates 02-04-2023 and next date 12.06.2023 are wrongly  mentioned. It is corrected as 02-04-2024 and 12-06-2024. Vide order dtd. 02-04-2024 time was granted to the plaintiffs for engaging another advocate but today none present on behalf of plaintiff. Matter is adjourned for order against plaintiff.
Matter is adjd to 19-07-2024 for  order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: Plaintiff No. 2 in person present.
None for defendant
On the last date matter was kept for order against plaintiff and today adjournment application is moved. It is taken on record and marked as Exh.9 O- Sufficient opportunity is granted and thus application is rejected.
Matter is adjourned to 26-08-2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: Court is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Court is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 28-09-2024 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to   28-09-2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Matter pertains to C.R. No. 62
Plaintiff no. 1 and 6 present.
Defendants no.1 and 2 present.
Advocate for plaintiff and defendant absent.
Matter adjd to 07.12.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Adv. P. S. Pande a/w plaintiff No.1 present and filed application for granting permission to submit affidavit in examination of chief of plaintiff No.1. It is taken on record and marked as Exh.10
O- Other side to say.
None for defendant.
Matter is adjourned to 27.01.2025 for say on Exh.10.
Next Purpose: FOR___________________
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Court is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: Adv. P. S. Pandey alongwith plaintiff present.
None for defendant.
k.b.
Later on 12.20 pm.
Defendant No. 1 in person present.
Matter is adjourned to 17-04-2025 for Say from the side of defendant.
Next Purpose: FOR___________________
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Court is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: Court is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: Plaintiff no.6 (Subhedar Kailas Yadav) in person present.
None for defendant.
Due to heavy rain matter adjourned.
Matter is adjourned to 29.10.2025 for say on Exh.10 by defendant.
Next Purpose: FILING SAY
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: Adv. P. S. Pandey for plaintiff present.
Adv. R. D. Mishra for defendant present.
By consent matter is adjourned to 12.12.2025 for say.
Next Purpose: FILING SAY
Next Hearing Date: 12-12-2025

Date: 12-12-2025
Business: Adv. P. S. Pandey alongwith plaintiff no. 1 present.
Adv. R. D. Mishra alongwith defendant no. 2 present.
At the request of the advocate for defendant, matter adjourned.
Matter is adjourned to 18.02.2026 for filing say from the side of defendant.
Next Purpose: FILING SAY
Next Hearing Date: 18-02-2026

Date: 18-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. P. S. Pandey alongwith plaintiff no. 1 and 6 present.
Defendant no. 2 in person present.
Today the matter is posted for say on Exh.10 by defendant. Record shows that since 27/01/2025 defendants failed to file reply to Exh.10 inspite of availing several opportunities. Today also defendant did not filed any reply. Hence, matter is proceeded without reply of defendants.
Ld. advocate for plaintiff argued on Exh.10.
Matter is adjourned to 07.03.2026 for order on Exh.10.
Next Purpose: ORDER
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Plaintiff No. 1 and 6 in person present.
None for defendant.
Kept Back.
Later on at 11.40 am
Adv. P. S. Pandey alongwith plaintiff no. 1 and 6 present.
None for defendant.
Order below Exh.10
The application is filed for setting aside dismissal order and permitting plaintiff to file his evidence. The defendant absent till 01.20 pm. The roznama shows that the application is proceeded without reply of defendant. The suit is filed for declaration that plaintiff and defendant no. 1 are joint owners of the suit premises. The plaintiff no. 1 desires to adduce evidence. Hence, the roznama dated 19/07/2024 to keep the suit for dismissal order is set-aside and plaintiff no. 1 is allowed to file evidence affidavit.
Plaintiff no. 6 states that the advocate on record has left.
Matter is adjourned to 20.03.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2026

Date: 20-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. P. S. Pandey alongwith plaintiff present.
None for defendant.
Defendant is directed to remain present on next date and cross-examine the plaintiff on next date failing which no cross order will be passed.
Matter is adjourned to 16.04.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2026

Date: 16-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.10 am
Plaintiff no. 1 in person present.
Adv. Rajnish Upadhyay h/f Adv. R. D. Mishra for defendant present and not ready to cross-examine the witness on the ground that the Senior Counsel is not well. Adjournment granted as last chance for cross-examination.
Matter is adjourned to 15.06.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: P.O.is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2026

Date: 06-07-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Plaintiff No. 1 in person present.
Defendant No. 1 in person present.
Kept Back.
Later on at 12.40 pm
Adv. P. S. Pandey alongwith Plaintiff No. 1 present.
Defendant No. 1 in person present.
Affidavit of examination-in-chief of PW-2 Mr. Kanta Vishwanath Yadav recorded.
Evidence of PW-1 is already discarded as per roznama dated 17/02/2024. Hence matter is adjourned for recording evidence of PW-2.
Matter is adjourned to 12.08.2026 for recording evidence of PW-2.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2026

Date: 12-08-2026
Business: P.O. IS ON OFFICIAL TRAINING.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2026

NOTICE OF MOTION/103057/2022

Registration Number: 101345/2018
Transfer Date: 15-04-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101345/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 104991/2018
Filing Date: 06-04-2018
First Hearing Date: 26th June 2018
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE