Date: 08-08-2019
Business: Adv. Mr. Holamagi for the Plaintiff present.
Adv. Prashant Nakti for Defendant-4 present.
Adv. Ms. Poonam Gupta for SRA/Defendant no. 3 present.
Reply tendered by Defendant no. 3
Registrar (C) is directed to register the suit on compliance of all office objection.
Matter is adjd. to 16.08.2019 for adinterim hearing/ proof of service of writ of summons
Next Purpose: FOR___________________
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Court is on leave
Next Purpose: FOR___________________
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adjd
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adv.Holamagi for the Plaintiff present.
Adv.Shukla for Defendant/state present.
Adv.Prashant Nakati for defendant No.4 present.
F.R.S.R. the following order is passed. Dictated in open court.
ORDER
1. Notice of Motion No.3052/2019 is hereby dismissed with costs.
2. Notice of Motion No.3052/2019 stands disposed of accordingly.
Application tendered by the Plaintiff t.o.r
O-Otherside to say.
ORDER PASSED BELOW EXH.6
Heard. Perused application and say filed. It appears that this application has been filed under Order 41, Rule 5, Sub Rule (2) of CPC, in view of order 43, Rule 2 of CPC. Adv.for defendant No.4 has drawn my attention towards Section 41 (ha)of Specific Relief Act. Basically this court has not passed any executable order to stay the order passed by this Court. Further this Court has considered prima facie all documents tendered by the Plaintiff and defendants and dismissed the motion. It seems that nothing has been disclosed that there is substantial loss to the Plaintiff if stay is not granted. When the motion is dismissed there is no question of granting the stay to dismissal order. In such circumstance basically this application is not maintainable and hence, rejected.
Matter is adjd. to 20.09.2019 for written statement.
Nature Of Disposal: DISMISSED
Disposal Date: 20-08-2019