Date: 14-11-2019
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Advocate for Plaintiff present
Defendant no.1 and 2 present.
Court is busy in dictating order on Notice of Motion in suit no.973/17 and Notice of Motions in suit no.1229/17, hence case is adjourned to 17/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Adjourned due to covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/10/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 27-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: None present for both the parties.
As nobody present for both the parties, considering present pandemic condition, matter is adjd. for reply of plff on NM No. 3713/2019 to 20.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2021
Date: 01-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present for both parties.
Plff failed to file reply to NM No.3713/2019.
Regular functioning of the Court has started however, local train facility is yet to be started for the public at large. To protect the interest of justice, matter is adjourned till next date as a last chance to the plff to file reply to NM No.3713/2019.
Matter is adjd. for NM reply to 25.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: None present for both parties.
Plff failed to file reply hence, N.M.no.3713/2019 to proceed further without reply of the plff.
Matter is adjd. for NM hearing without reply to 16.02.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: None present for both parties.
Plff failed to file reply hence, N.M.No.3713/2019 to proceed without reply of the plff.
Matter is adjd. for NM hearing to 27.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2022
Date: 27-04-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present.
Matter adjd to 14.09.2022 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: None present for plaintiff.
Defendant No.2 present. She requested for time. NM 3713/19 is for hearing. Plaintiff is also absent hence, adjourned for hearing on NM.
Matter adjd to 23.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022
Date: 14-09-2022
Business: None present for plaintiff.
Defendant No.2 present. She requested for time. NM 3713/19 is for hearing. Plaintiff is also absent hence, adjourned for hearing on NM.
Matter adjd to 23.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: None present for plaintiff.
Defendant No.2 present.
Plaintiff is absent, failed to proceed with NM . NM is kept for order.
Matter adj. to 13.02.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: None present for plaintiff.
Defendant No.1 and 2 present.
NM is pending for consideration. KB,
LO at 03.50 pm
Same appearance.
Deft.No.1 and 2 requested for time for hearing of NM. NM is filed by the defendants. Plaintiff failed to file reply. Last chance granted to the defendant.
Matter adjd to 11.04.2023 for argument of deft.in NM.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: None present for plaintiffs. Defendant No.1 present. No argument of defendant in NM 3713/19.
Matter adjd to 04.05.2023 for order in NM 3713/19.
Next Purpose: ORDER
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: None present for both sides.
KB
LO at 01.30 pm
Defendant No.2 present.
None present for plaintiff.
Adv.Ravindra Shetty (S/A) for defendant No.1 and 2 present.
ORDER IN NOTICE OF MOTION NO.3713/2019
This motion is taken out by defendant No.1 and 2 requesting to condone the delay in filing written statement. It is their contention that the suit summons was served on 29.11.2017. Due to financial condition the defendants were not able to appoint the advocate. They were attempting to take legal assistance through legal aid. Thereafter, defendant No.1 was not feeling well. The defendants were unable to give instructions to prepare written statement. There is delay of about 673 days. With these contentions the defendants have requested to condone the delay and prayed to allow to file written statement. The motion is proceeded without reply of the plaintiff. Read the order dated 09.02.2018 the then presiding officer of the Court directed the Registrar (Civil) to appoint advocate from legal aid panel for defendant Nos.1 and 2. Therefore there is substance in the defendants\\\'' contention that they were attempting to take legal aid to represent them in this suit. This motion has been filed on 04.10.2019. According to the defendants, suit summons were served on 29.11.2017. Considering the reasons stated in the motion and also considering the fact that the defendants were unrepresented, I am of the view that motion shall be allowed. Hence, I pass the following order.
ORDER
1.Notice of Motion No.3713/2019 is allowed subject to costs of Rs.2,000/- (Rupees Two Thousand only).
2. Delay in filing written statement by defendant No.1 and 2 is condoned.
3. Written statement already filed by defendant No.1 and 2, it be taken on record.
4. Aforesaid costs shall be adjusted in the final bill of costs of the suit.
5. Notice of Motion No.3713/2019 is disposed of accordingly.
Written statement filed by defendant No.1 and 2 is TOR and marked as Exh.4.
Nature Of Disposal: ALLOWED
Disposal Date: 04-05-2023