Date: 27-11-2019
Business: Adv for plaintiff present.
None for the defendant.
Adv for plaintiff filed VP. T.O.R.
Adv for plaintiff tendered registered N/M 3625/19 along with affidavit.
Adv for plaintiff filed affidavit of service of N/M with the remark that deft 1 has died and regarding deft no.5 as returned and regarding deft no.2,3,4,6 and 7 has served as per postal acknowledgement.
Matter is Adjd for Service of N/M to defendant no.5 to 30.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: By Precipe,
Adv for plaintiff Mr.Sagar present.
Exh 02 He filed application to serve deft no.5 through bailiff.
O-Application allowed to serve deft no.5 through bailiff.
Adv for plaintiff submit that he want original N/M 3625/19 for bailiff service.
Already Adjd for Affidavit of Service to 30.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: None present.
L.O.
Adv for plaintiff present.
Adv for plff. filed Affidavit of Service with the remark that
regarding deft no.5 that deft no.5 has died
Matter is Adjd for N/M Hearing to 30.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 04.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Sagar Batavia for plaintiff present.
None for defendant.
Order below NM no. 3625/19
Perused the Notice of Motion which is supported by an affidavit being executed by Plaintiff Kamrunissa Haji Mohd. Yakub. In the affidavit of service the defendant nos. 1 and 5 are shown to be expired. In affidavit of service it is mentioned that defendant no. 2,3,4,6 and 7 are duly served but none appeared from them. I have perused the order dtd. 19.10.2013 wherein the suit was dismissed in default. It is pertinent to note that the main suit is for partition and the relief herein for deciding the shares. In Para no. 5 to 8 genuine reasons are mentioned for not attending the Court. I am satisfied for the reasons mentioned in affidavit in support for restoration of suit. So far as delay is concerned, in my opinion certain cost being paid to the DLSA, Mumbai will suffice the purpose.
Hence, I pass the following order-
ORDER
Notice of Motion No. 3625/19 is allowed in terms of prayer clause (a) and (b) subject to plaintiff paying cost of
Rs. 1000/- to the DLSA, Mumbai within two weeks.
NM is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-02-2021