Final Order 1

Order Details: Other
Pdf Text: 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 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.
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