Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102802/2019
Sagar Shivaji Puthran - Applicant Vs Shivaji Kanthappa Puthran and Ors.
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&amp#039s 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&amp#039s 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&amp#039s 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
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