Date: 15-06-2018
Business: Adv. for plff. present.
Adv. for deft. present.
Adv. for plff. tendered registered N/M 2205/2018.
The plff. to pay the cost of City Survey Office.
Earlier order to continue till next fixed date.
Matter is adjd. to 09.07.2018 for Report / reply to N/M No. 2205/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: Adv. for Plff. present.
Adv. for Deft. present.
The adv. for plff. to take further steps.
Matter is adjd. to 31.07.2018 for Report / reply to N/M No. 2205/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2018
Date: 31-07-2018
Business: Matter is adjd. to 29.08.2018 for reply on N/M No.2205/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2018
Date: 29-08-2018
Business: Matter is adjd. to 12.09.2018 for reply on N/M No.2205/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-09-2018
Date: 12-09-2018
Business: Matter is adjd. to 16.11.18 for Report of Court Commissioner.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2018
Date: 16-11-2018
Business: Adv. for plff. present.
Adv. for deft. present.
Court is busy in argument in suit No. 2592/17 and order Ch/sum No.1463/17 in old suit No.6293/07and argument in H.C.T.B N/M No.2979/15 in suit No. 1732/15.
Matter is adjd. to. 18.12.2018 for report of Court Commissioner.
E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: Matter is adjd. to. 17.02.2019 for report of Court Commissioner.
E.O. to continue till next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-02-2019
Date: 17-02-2019
Business: As wrong date is given on holidays board i.e. Sunday, Hence taken on re-opening days i.e today 18.02.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: The matter was wrongly given date on holiday i.e. 17.02.2019 hence, taken up today.
plff. and his adv. absent.
deft. and his adv. absent.
Court receivers report is received
Matter is adjd. to. 11.04.2019 for say of the party on commissioner report and reply to N/M No.2205/18
E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Adv. for plff. present.
Adv. for deft present.
On request of both the parties, Matter is adjd. to. 20.06.2019 for their response to the report of court commissioner and reply to N/M No.2205/18
E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Adv. for plff present.
Adv. for deft present.
As court is busy in detection in High court time bound appeals 114/19 to 130/19.
Matter is adjd. to. 26/07/2019 for NM Reply.
E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Adv. Jitendra Tiwari for plff present.
Adv. Shekhawat for deft present.
Advocate for defendant submitted that he is relying upon Court Commissioner Report at Exh.4 and does not file separate NM. Heard rival submissions.
Adjd for Order on N/M No. 2205/18 to 08.11.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adjd for Say on Commissioner Report and Reply to N/M to 21.11.2019.
Earlier Order, if any, to continue till the next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adjd for hearing on N/M No. 2205/18 to 05.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adjd for N/M hearing and Ch/s reply to 17.12.2019.
Earlier Order, if any, to continue till the next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Jiten Tiwari for plaintiff present.
Adv. Shekhawat for defendant present.
KB LO
Adv. S. S. Singh for applicant present and and tendered original registered C/S No. 2262/19 along with affidavit in support.
Adv. Raju Pankar for plaintiff present and reply to C/S. Copy served to other side.
LO
Heard both sides on NM No. 2205/18
Copy of C/S not served to the defendant till today.
Earlier order, if any, to continue till next date.
Adjd to 29-02-2020 for NM No. 2205/18 order .
Next Purpose: NM ORDERS
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv. Mr. Jitendra Tiwari for plaintiff present.
None for defendant
Order on Notice of Motion No. 2205/18 -
ORDER
By instant Notice of Motion the plaintiff/Society has prayed for temporary injunction restraining the defendant/Society from demolishing the compound wall situated on plaintiff\''s plot. It is not in dispute that C.T.S. no.462 belongs to the defendant/Society. Even though, the plaintiff is claiming that the compound wall is in plaintiff\''s wall, the Court Commissioner has filed map prepared on 17.12.2018 showing that the compound wall is in the defendant\''s C.T.S. no.462 and the disputed land beyond the compound wall adjoining to plaintiff\''s plot is part of C.T.S. no.462. The same position was shown when the survey was carried out on 08.09.2017. There is no document of the plaintiff in support of its claim that the compound wall is located in plaintiff\''s plot. Mere averments in that regard are not sufficient to establish prima facie case.
According to Ld. Advocate for the plaintiff, the disputed area beyond the compound wall adjoining to plaintiff\''s wall is in possession of plaintiff\''s Society members since long and therefore, the plaintiff has become owner of the said land by adverse possession. He has also cited case laws in support of his argument that a person in settled possession of an immovable property cannot be dispossed without following due process of law. In this regard, it is to be noted that there is no pleading in support of claim of ownership by adverse possession. Moreover, case of the plaintiff in its plaint is that the compound wall is located in its plot and the defendant has no concern therewith. Therefore, the case laws filed by the plaintiff are not applicable to the facts of this case in as much as the claim of the plaintiff is without any documentary evidence. For the reasons given above, I do not find that the plaintiff has established prima facie case, balance of convenience and irreparable loss in its favour. Therefore, Notice of Motion No.2205 of 2018 is dismissed.
Ld. Advocate for the plaintiff orally request to continue earlier order dated 28.03.2018 for 4 weeks so that he can prefer appeal against the order. As the order has continued for last 2 years, the same is continued for a period of 4 weeks from today.
Matter is adjd to 23.04.2020 for Service.
Nature Of Disposal: DISMISSED
Disposal Date: 29-02-2020