Date: 16-05-2019
Business: Adv. Heena for Plaintiff present.
She requested for extension of time for service of NM upon defendant.
Time is extended for short service of notice through Bailiff.
Adj for service report to 23.05.2019.
Next Purpose: SERVICE
Next Hearing Date: 23-05-2019
Date: 23-05-2019
Business: By Precipe.
Matter pertains to C.R.2.
Adv Mr.Shafi Shaikh for plaintiff present.
Order on ad-interim relief.
Perused Plaint, documents annexed thereto and heard Ld.Advocate for plaintiff. The plaintiff has filed affidavit stating that the defendant/ his real brother is not accepting the notice. The attempt was made to serve the notice through Bailiff but the defendant was not found at the address of his service. The plaintiff apprehends that the defendant will alienate and dispossess the plaintiff from the suit flat which was in the name of his father and the plaintiff has share after the death of father. Considering conduct of the defendant and the material on record, I deem it proper to grant ad-interim relief. Hence, ad-interim relief in terms of prayer clauses (a) and (b) granted till next date.
Plaintiff to serve copy of the order to the defendant.
Authenticated copy be given to the plaintiff.
Adj to 17.06.2019 for NM service.
Next Purpose: SERVICE
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Adv. S.A.Shaikh for Plaintiff present.
Deft is present.
Ex.2 Adv. Mrs.Usha Thakur filed V/n for Defendant t.o.r.
Ex.3 She also filed memo of address t.o.r.
Plaintiff is directed to serve copy of plaint alongwith compilation of documents and copy of NM on defendant.
Earlier order, if any to continue till next date.
Adj for compliance to 20.08.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adv. Sambodhi Mane for Plaintiff present.
Adv. Usha Thakur for defendant present.
Adv for defendant sought time to file reply.
Time is granted.
Earlier order, if any to continue till next date.
Plaintiff is directed to remove office objection by next date.
Adj for NM hearing to 09.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Sambodhi Mane for plaintiff present.
Adv. Usha for defendant present.
Defendant tendered draft notice of motion.
O - Leave is granted to register it.
Copy is served on plaintiff.
KB
Plaintiff filed reply on draft notice of motion itself.
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft notice of motion, affidavit in support of it and reply of plaintiffs. Heard respective counsel for parties.
Draft notice of motion is taken out by defendant to condone delay caused in filing written statement. It is contended that delay was caused as defendant was required to collect and procure necessary documents from the respective society for substantiating his pleadings which took some time and because of which delay of 23 days has been caused in filing his written statement. Accordingly, he made prayer in above terms.
Plaintiff opposed notice of motion on the count that delay caused is deliberate on the part of defendant and he has not assigned any valid reason for condoning delay. Accordingly, he prayed for dismissal of notice of motion.
It is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendant has given reason that he was required to collect and procure necessary documents from the respective society for substantiating his pleadings which took some time and because of which delay of 23 days has been caused in filing his written statement. Reason assigned by him is sufficient to condone delay caused in filing written statement. Delay caused is not inordinate and it cannot be termed as deliberate. More so, defendant has shown his bona fide by annexing written statement along with notice of motion. In above facts and circumstances I am inclined to allow draft notice of motion in the interest of justice and fair trial with certain costs. Hence, passing following order
ORDER
1. Draft notice of motion is allowed and made absolute in terms of prayer clause (a) subject to costs of Rs.500/- (Rupees Five Hundred only) to plaintiff within period of one week from the date of this order.
Defendant is at liberty to deposit costs payable to plaintiff in the Court.
2. On payment of costs written statement of defendant be taken on record and marked exhibit.
3. Draft notice of motion be registered for statistical purpose.
4. Accordingly, draft notice of motion is disposed off.
Costs paid by defendant to plaintiff.
Exh.4 Written statement cum reply to notice of motion along with list of documents filed by defendant t.o.r.
Copy is given to other side.
Earlier order, if any, to continue till next date
Adjd. for framing issues to 19.11.2019
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Adv. Sambodhi mane for plaintiff present.
None present for defendant.
Pleadings are complete in NM 1779/19
so it is posted for hearing.
Earlier order, if any to continue till next date.
Matter is posted for NM hearing to 19.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Sambodhi Mane for Plaintiff present.
Adv. Usha Thakur for defendant present.
Adv for plaintiff sought adjournment - Granted.
Earlier Order, if any to continue till next date.
Adjd. to 04.02.2020 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 24-02-2020
Business: Plff present.
Adv S. A. Shaikh for plff present.
Adv Usha Thakur for deft present.
Adv for plff seeks time for hearing. Granted as last chance.
Matter stands Adj for NM hearing to 18/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv Shafiq for plff present.
Matter stands Adj for NM hearing to 24/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-05-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020
Date: 15-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Adv Shaikh Shafi for plff present.
Earlier Order continue.
Matter stands Adj for NM Hearing to 25/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Both parties and their adv are absent.
Last chance was granted to the plff for hearing on NM on 18.03.2020. Since this is the first date after regular functioning of the court, Last chance is granted to the plff for hearing on NM.
Earlier order continue.
Matter stands Adj for NM Hearing to 01.04.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021
Date: 25-02-2021
Business: Both parties and their adv are absent.
Last chance was granted to the plff for hearing on NM on 18.03.2020. Since this is the first date after regular functioning of the court, Last chance is granted to the plff for hearing on NM.
Earlier order continue.
Matter stands Adj for NM Hearing to 01.04.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv Shafi Shaikh for plff present.
Deft present and his Adv absent.
Earlier order to continue. Last chance is granted to plff for hearing on NM.
Matter stands Adj for NM hearing to 11/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: (Matter pertains to C. R. No. 02)
Adv Shaikh Shah Ahmed for plff present.
None for deft.
Earlier order if any to continue till next date.
Adjd to 26/07/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021
Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv Shafiq Shaikh for plff present.
Deft present and his Adv absent.
Earlier order to continue, if any.
Matter stands Adj to 25/10/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv S. A. Shaikh for plff present.
Adv Usha Thakur for deft present.
Heard Adv for both parties.
Admittedly plff and defts are residing in the same suit premises.
Matter stands Adj for NM Orders to 09/11/2021.
Next Purpose: NM ORDERS
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv Ashma Ashraf for plff present.
Adv Shweta Kumbhar for deft present.
For want of time, matter stands Adj for NM Order to 11/11/2021.
Next Purpose: NM ORDERS
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Advocate Ashma Ashrafi for plaintiff is present.
Advocate for defendant absent.
Defendant present.
F.R.S.R. the following order is passed on NM No.1779 of 2019.
ORDER
1. Notice of Motion No. 1779 of 2019 is allowed and made absolute in terms of prayer clause (a) and (b).
2. No order as to costs.
3. Notice of Motion No. 1779 of 2019 is disposed of.
Matter stands Adj for issue on 18.01.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 11-11-2021
Date: 11-11-2021
Business: Advocate Ashma Ashrafi for plaintiff is present.
Advocate for defendant absent.
Defendant present.
F.R.S.R. the following order is passed on NM No.1779 of 2019.
ORDER
1. Notice of Motion No. 1779 of 2019 is allowed and made absolute in terms of prayer clause (a) and (b).
2. No order as to costs.
3. Notice of Motion No. 1779 of 2019 is disposed of.
Matter stands Adj for issue on 18.01.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 11-11-2021