Date: 08-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2019
Date: 03-09-2019
Business: Adv. Jenifer Sonz for plaintiff present and submitted that plaintiff will serve writ of summons to defendant No. 11 through RPAD.
Adv. Malika Joshi For defendant No. 1,2 and 3 present and served copy of written statement of those defendant upon plaintiff\''s advocate.
WS of defendant No. 1 to 3 is already on record at Exh- 7
Case is adjourned to 02/11/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Advocate Manoj Tiwari for Plaintiff present and in roznama dated 03/09/2019 it is mentioned that Written Statement of Defendant nos.1 to 3 i.e. Exh.7 is on record, however those Defendants have not appeared in the matter hence no question arises of their Written Statement being on record. As submitted by Plaintiff advocate it becomes clear that Roznama of some other matter is affixed to this suit by showing the number as suit no.869/19. Any how as Defendant nos.1 to 3 have not appeared in the matter roznama dated 03/09/2019 is necessary to be considered as incorrect.
Affidavit of service of writ of summons filed by Plaintiff on 29/03/2019 shows that writ of summons is served upon Defendants inspite of it Defendants have not appeared in the matter and they have not filed their appearance and Written Statement. Defendants have not filed their reply to NM no.1748/19, hence considering the fact that document at page no.42 and 42A of the plaint, shows that Defendant no.1 the mother of Plaintiff has requested Defendant no.5 Society to mention the name of Plaintiff and Defendant no.1 in the record of Society related to suit premises, I find that Defendant nos.1 to 4 can not create third party interest in suit premises as Plaintiff is one of the legal heir entitled to claim rights in suit premises. Hence, I find that Notice of Motion can be made absolute in terms of prayer clause (b) and (c) of Notice of Motion. Hence, Notice of Motion no.1748 of 2019 is made absolute in terms of prayer clause (b) and (c).
As Defendants have not filed their Written Statement, suit to proceed for evidence without Written Statement.
Case is adjourned to 16/01/2020 for evidence without Written Statement.
Nature Of Disposal: ALLOWED
Disposal Date: 02-11-2019