Date: 21-08-2019
Business: Court is busy in hearing NM in suit no.743/18 and court has to dictate order on NM in suit no.2447/18 hence case is adjourned to 05/10/2019. Advocate for Plaintiff filed registered Notice of Motion no.2802/2019 with affidavit in support, t.o.r.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2019
Date: 05-10-2019
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020
Date: 16-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2020
Date: 14-02-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Advocate for Plaintiff present and filed affidavit of service of Notice of Motion, t.o.r.
None present for Defendants.
Affidavit of service of writ of summons shows that Defendants have not filed their Written Statement even though they are served with summons on 08/07/2019 as per bailiff\''s report, hence suit to proceed without Written Statement of Defendants.
As Defendants have not filed their reply to Notice of Motion and Written Statement in the matter, it becomes clear that Defendants are not intending to contest the Notice of Motion. It is Plaintiff\''s case that Plaintiff had executed power of attorney dated 25/04/2013 and on the basis of said affidavit it is alleged that Defendant no.1 has got executed gift deed as GPA of Plaintiff and said gift deed was got executed in favour of Defendant no.1 and 2 only. Said gift deed is in respect of suit property in which Plaintiff has his share. Defendants have not come forward to resist Plaintiff\''s claim by filing Written Statement or by filing Notice of Motion reply, hence I proceed to pass following order-
ORDER
Notice of Motion no.2802 of 2019 made absolute in terms of prayer clause (g) of Notice of Motion and it is necessary to be dismissed in terms of prayer clauses (a) to (f) because the reliefs claimed in those prayers are as like final reliefs to be claimed in the suit.
Case is adjourned to 06/08/2020 for Evidence without Written Statement.
Nature Of Disposal: ALLOWED
Disposal Date: 04-03-2020