Date: 20-08-2018
Business: Adv. Nair for Plaintiff Present and tendered original N.M. 2236/18 is t.o.r.
Adv. for Plaintiff submitted that, Defendant no. 2 is expired.
Plaintiff to take steps to bring legal heirs of defendant no. 2.
Adv. Amol Jawale for defendant no. 1 Present and and filed V.P. is t.o.r. and marked as Exh. 5. Order Filed.
Adjd to 21/11/2018 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: Adv. Mr. Babu for Plaintiff Present.
None Present for defendant. Plaintiff to take steps to bring legal heirs of defendant no. 2 on record. Time is over to bring legal heirs on record.
Adjd to 24/01/2019 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Adv. Babu for Plaintiff Present. Adv. Amol Jawale for defendant no. 1 Present. From Roznama it shows on 20/08/2018 Plaintiff advocate himself submitted that, defendant no. 2 is expired. Matter is adjourned for to bring legal heirs of defendant no. 2 on record. Inspite sufficient time Plaintiff did not take steps to bring legal heirs on record. Hence suit is abated against defendant no. 2.
Adjd to 12/04/2019 for hearing on ch/su
Next Purpose: C/S HEARING
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Adv. Bhat for Plaintiff Present and filed registered ch/su 699/19 tor
None Present for defendant.
Adjd to 23/07/2019 for service
Next Purpose: SERVICE
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Adv for plaintiff Mr.Babu present
Matter is Adjd for Service to 07.09.2019.
Next Purpose: SERVICE
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Adv for plaintiff Mr.Bhat present.
None for the defendant.
Adv for plff requested for adjournment to file affidavit of Service. O-Granted.
Matter is Adjd for Affidavit of Service of C/S to 30.09.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv for plaintiff Mr.Bhat present.
Adv for deft present.
Matter is Adjd for N/M Hearing to 03.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv for plaintiff Mr.Babu present.
Adv for deft no.1 Ms.Rechal Goria present.
Adv for plaintiff filed affidavit of service with the remark that regarding deft no.2A and 2B postal envelop return back with the remark unclaimed and regrading deft no.1 with remark AD Card.
O-Deft no.2A and 2B fail therefore file reply to C/S 699/19.
Therefore, matter to proceed without reply of Deft no.2A and 2B to C/S 699/19.
Adv for deft no.1 requested for adjournment to file reply to C/S 699/19. O-Granted.
Matter is Adjd for N/M 2236/18 Hearing to 09.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: None present.
Matter is Adjd for N/M Hearing to 29.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv for plaintiff Mr.Babu present.
Adv for deft no.1 Mr.Dishant Rathod present.
Adv for plff requested for adjournment to file reply to N/M 2236/18. O-Granted.
Matter is Adjd for Reply to N/M 2236/18 and Hearing on C/S 699/19 to 28.03.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Next Purpose: C/S HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Next Purpose: C/S HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: C/S HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 07.01.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Both the parties and adv. are absent.
Adjd for hearing on NM and C/S on 25.02.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Pooja Bhat for plaintiff present.
Adv. Sachin Kannovijay for defendants present.
Order below CH/S No.699/19
Perused the Chamber Summons which is supported by an affidavit being executed by the constituted attorney of plaintiff Shri Amrutlal Katariya. Heard Ld. Adv.of both the sides. It is submitted that vide letter dtd. 15.01.2019 defendants advocates have intimated to the plaintiff advocate that the defendant no.2 Dhirjalal Bhanushali has expired on 30.05.2016. After having knowledge of the same this Chamber Summons was taken out for bringing LRs of deceased defendant no.2 on record. As the plaintiff was not aware of the death of defendant no.2, the delay in taking out the Chamber Summons as well as the amended order needs to be set aside. The right to sue survives and therefore for continuation of the suit this Chamber Summons needs to be allowed as it was taken out immediately after the knowledge of death of defendant no. 2. Hence, I pass the following order -
ORDER
Chamber Summons No. 699/19 is allowed and made absolute in terms of prayer clause (a) to (c).
The plaintiff is to carry out the amendment within two weeks and shall supply the copy of amended plaint upon the defendant with in two weeks thereafter.
Chamber Summons is disposed of accordingly.
Order below NM No. 2236/18
Perused the notice of motion supported by an affidavit being executed by Amrutlal Katariya. Heard Ld. Advocates of both the sides. During the pendency of the suit the defendant no. 2 has expired and this Court has allowed Chamber Summons No. 699/19. Considering the same now the LRs of defendant no. 2 will be brought on record. I have carefully perused the order dtd. 20.01.2018 and 10.04.2018. As now the LRs of defendant no. 2 will be brought on record, for fair trial and proper adjudication of the case an opportunity needs to be granted to the plaintiff for filing the evidence. Hence, in the interest of Justice the order dtd. 20.01.2018 and 10.04.2018 for keeping the matter for dismissal needs to be set aside. Hence, I pass the following order -
ORDER
Notice of Motion No. 2236/18 is allowed and made absolute terms of prayer clause (a) and (b).
Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 25-02-2021