Date: 14-06-2018
Business: Adv. Navdeep Vora a/w Anuja Koria for plffs. present.
D/1 to 3 and their adv. absent.
Adv. for plff. tendered registered N/M No.2200/18 alongwith supporting affd. t.o.r.
Matter is adjd. to 20.06.2018 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Business: Plff. present.
Deft. and his adv. absent.
KB L.O. at 05.15 p.m.
Adv. Tejashree Savratai for plff. present.
I have heard adv. for the plff.
The plff. is praying for ad-interim relief for restraining the deft. from creating third party rights in respect of the property as mentioned in para (a) of the N/M. The adv. for the plff. has submitted that the defts. are duly served but did not appear. He has stated as per consent terms dtd.03.10.1997, the defts. have agreed to surrender and release the said suit property in his favour. However, inspite of pursuance till this date, no release deed is executed. The plff. has taken me through the letters issued on behalf of defts., that they are ready and willing to execute the released deed. Adv. for the plff. has submitted that there is a apprehension that defts. are selling the suit property. Considering the said factual aspect, ad-interim order is passed in terms of prayer clause (a) of N/M No.2200/18.
Matter is adjd. to 14.08.2018 for service affd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: Plff. present.
Adv. Purvi Jain I/b Navdeep Vora and Associates for plffs. present.
Defts. and their adv. absent.
Exh.3 Joint service affd. filed by adv. for plff. t.o.r.
Matter is adjd. to 15.09.2018 for service affd. / order against defts.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-09-2018
Date: 15-09-2018
Business: Adv.Singh for plff. present.
Deft. and his adv. absent.
On request of adv. of plff. Matter is adjd. to 20.10.18. for filing report of service or for dismissal order.
Next Purpose: SERVICE
Next Hearing Date: 20-10-2018
Date: 20-10-2018
Business: Adv. Rajmani Varma for pltff present.
deft. and his adv. absent.
Adv. of plff has filed affidavit of service of writ of summons of deft no. 2 and 3. It shows that defts no. 2 has served and deft3 has refused to accept the envelop containing writ of summons . Both have failed to appear despite having being served with writ of summons and N.M. As per affidavit of service Exh. 3 , the deft no.1 also refused to accept to writ of summons and ,hence, it is deemed service on deft no.1. He has failed to appear. Hence the suit and N.M shall proceed ex-parti against deft. 2 and 3. The adv. of plff has withdrawn the N.M. Hence, N.M.no. 2200/18 is disposed off as withdrawn.
Matter is adjd. to.07.12.2018 for plff evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Adv. Navdeep Vora for plff. present.
deft. and his adv. absent.
Exh.4 Affd. of examination in chief of P.W.1 of Mr. Idramani Verma filed by adv. for plff. t.o.r
Exh.5 List of 8 documents filed by adv. for plff. t.o.r
Matter is adjd. to. 28.01.2019 for say and hearing on exhibiting the documents and cross examination plff
Next Purpose: FILING SAY
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: As Court is on leave, Board is discharge, Matter is adjd to. 05.03.2019
Next Purpose: FILING SAY
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: Adv. Mr. Navdeep Vora a/w Shivani Shaikh for plff. present.
deft. and his adv. absent.
As court is busy in recording evidence in Suit No.4942/12 and 1970/13 and other old matters, Matter is adjd. to. 16.04.2019 for hearing on admissibility of documents
Next Purpose: HEARING
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Advocate Mr. Navdeep Vora @ Plaintiff present and submitted that suit is already proceed ex-parte against Defendant.
PW-1 resumed on S.A.
Certified copy of roznama, plaint and consent terms of suit no.5284/1994 is certified copy of public record.
Postal acknowledgments.
Letter dated 27/07/1999.
Certified copy of \''Udharan Khatauni\''/m/nj issued by Tehsil office of Machli Shahar, Dist. Jounpur, U.P and receipt of payment.
Postal acknowledgments and postal receipts.
Letter dated 08/10/2007 sent by Defendants advocate Mr. G. S. Bhat.
Notice along with postal receipts and online copy of report of track consignment of those RPADs.
Examination in chief of PW1 is partly recorded.
Case is adjourned to 16/07/2019 for further R/E.
Next Purpose: HEARING
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Plaintiff no.1 with advocate Ms. Shivani Shukla for Plaintiff present and submitted that Plaintiff is intending to file affidavit of advocate Mr. S. P. Singh who is not present today due to his difficulty hence matter may be adjourned.
None present for Defendant.
Considering submissions adjourned to 09/09/2019 for filing affidavit of advocate Mr. S. P. Singh.
Next Purpose: HEARING
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Advocate Shivani Shukla for Plaintiff present and filed additional affidavit in lieu of examination in chief of PW in respect of certified copy of Written Statement of Smt. Suberdevi Varma filed in suit no.5284/94, t.o.r.
None present for Defendant.
Case is adjourned to 15/10/2019 for Recording of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Advocate Shivani Shukla @ Plaintiff present and submitted that PW2 is not present today hence matter may be adjourned. Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 18/12/2019 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Advocate Mr. Navdeep Vora along with Shivani Shukla i/b Naveep Vora and associates for Plaintiff present and filed an application for production of original released deed, t.o.r. and marked as Exh.14. O-Production allowed.
None present for Defendant.
Further examination in chief of PW1 recorded by Plaintiff\''s advocate for proving the released deed filed below Exh.14.
Certified copy of original registered release deed is marked as Exh.15 proved by PW-1. The original released deed produced by witness with Exh.14 is returned back to PW1 after exhibiting its certified copy by comparing the certified copy with original.
The affidavit in lieu of examination in chief of PW-2 Advocate Mr. Sheetla Prasad Singh is already filed on record and it is already marked as Exh.13, hence further examination in chief of PW-2 is recorded for proving the document referred in his affidavit.
The office copy of Notice of Motion no.3491/99 from suit no.5284/94 and office copy of affidavit are correctively marked as Exh.16.
Advocate for Plaintiff filed evidence closure pursis, t.o.r. O-Filed.
Case is adjourned to 01/02/2020 for hearing. (Ex-parte arguments)
Next Purpose: HEARING
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Advocate Mr. Navdeep Vora for Plaintiff present
None present for Defendant.
Arguments of advocate for Plaintiff started but at the time of argument, it is noticed by the court that Plaintiff himself has performed the part of consent terms without getting executed the released deed from Defendants in respect of the rights of Plaintiff related to the property referred in suit no.5284/94. It seems that Plaintiff himself has not taken care of getting executed the released deed and given the benefit to Defendants without taking care of his own rights. The alleged consent terms dated 03/10/1997 and Plaintiff has filed suit in the year 2018 therefore Plaintiff is directed to satisfy the court as to how Plaintiff can claim the declaration as sought in prayer clause (a) of the plaint beyond the period of 3 years hence case is adjourned to 07/03/2020 for compliance/arguments.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Advocate Navdeep Vora for Plaintiff present
None present for Defendant.
Case is adjourned to 09/06/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Business: Adv. Shri. Navdeep Vora for Plaintiff present and filed written submission. t.o.r.
None for Defendant.
Case is adjourned to 04/08/2020 for Arguments.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: Due to covid-19, none present.
Hence, matter is adjd. to 05/11/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Adv. Navdeep Vora present for Plaintiff.
None Present for Defendants.
Hence case is adjourned to 27/11/2020 for Oral Submission.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Adv. Navdeep Vora present for Plaintiff.
None present for Defendants.
Heard arguments of advocate of plaintiff.
plaintiff\''s advocate referred all the points and case laws from additional written submissions submitted on behalf of plaintiff on 09/06/2020.
case is adjourned to 09/12/2020 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Advocate Mr. Navdeep Vora for plaintiff present
None present for Defendants.
F.R.S.R. following order is passed-
ORDER
1. Suit stands dismissed.
2. Decree be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 09-12-2020