Arun Nagappa Kotian +3 moreVsM/s. Pinal Realty LLP

Date: 06-08-2018
Business: HHJ is Nominated as trainer for training on mediation hense today Board is dicharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-10-2018

Date: 08-10-2018
Business: Adv.Mr.Tripathi for Plff present.
None for defendant.
The Plaintiff is directed to take the steps for registration of N/m till next date, failing which suitable orders will be passed.  Time is extended.
K.B.at 2.45 pm.
L.O.at 4.15 pm.
Adv.for Plff tendered original registered N/m No.3795/18 t.o.r.
Order below N/m No.3795/18
Perused N/m which is supported by an affidavit.  Defendant has failed to file reply.  From the order dated 17.05.2018 it is aptly clear that the Plaintiff is in possession of the suit premises I.e.the suit shop. It is also submitted that the MCGM has issued notice u/sec 351 of the MMC Act and the plaintiff has preferred another suit pending in Court room no.8 and ad interim relief were granted in favour of plaintiff.  As prima facie possession is established of the plaintiff over the suit premises, the plaintiff cannot be dispossess without following due process of Law. Considering the reasons as mentioned in order dated 17.05.2018, this notice of motion No.3795/18 is allowed and made absolute in terms of prayer clause(a).  N/m is disposed of accordingly.
Adjd.for taking steps on 18.03.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: By Precipe.
Adv. Rajesh Dixit for Plaintiff present.
Draft Ch/s filed by Plaintiff t.o.r.
Leave granted to register it.
Copy be served to other side.
Already adj to 18.03.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2019

Date: 18-03-2019
Business: None for Plaintiff.
None for Defendant.
Adj for service to 18.06.2019.
L.O. at 3.45pm.
Adv. Tripathi for Plaintiff present.
Adv. Barve for Defendant present.
Registered Ch/s no.585/19 filed by Adv for Plaintiff t.o.r.
Say filed by Defendant on Ch/s.
Order below Ch/s no.585/19.
Chamber summons is taken out for deletion of name of Plaintiff no.3 who died on 30.01.2010 i.e. before institution of suit. So provision of O-22 of CPC cannot be invoked. Copy of death certificate shows that Plaintiff no.3 died on 30.01.2010. Therefore, his name is required to be deleted from cause title. Hence, pass following order.
ORDER
1. Chamber summons no.585 of 2019 is allowed and made absolute in terms of clause (a).
2. Plaintiffs are directed to carry out amendment within two weeks from date of order.
Accordingly, Chamber summons no.585/19 is disposed off.
Registrar(Civil) be informed that proper scrutiny seems to have been not made while accepting the plaint as Plaintiff no.3 was not alive on the date of institution of suit and no undertaking was taken from CA that power of attorney granted in his favour was in existence on the date of institution of suit.
Hence, adj for compliance to 18.06.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Plaintiffs have filed consent terms vide Exh.3 with contention to withdraw the suit. I have already verified the concerned parties on 26.02.2019. In view of Exh.3, suit stands withdrawn and accordingly disposed off.
Bill of costs be drawn accordingly.
Court fees, if any be refunded to the Plaintiffs as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 18-06-2019

CHAMBER SUMMONS/100585/2019
NOTICE OF MOTION/103795/2018

Filing Number: 106947/2018
Filing Date: 17-05-2018
First Hearing Date: 06th August 2018
Decision Date: 18th June 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE