Date: 25-11-2019
Business: Nobody plaintiff is present. Plaintiff absent.
adjd. for report on 20/12/2019.
Next Purpose: REPORT
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Nobody present.
The plaintiff did not file the chamber summons which he received on 10.12.2019. The plaintiff is not taking steps to proceed with the suit.
At this stage Adv. Akhilesh Singh for plaintiff present and filed chamber summons No. 2277/19.
The plaintiff has to filed affidavit of service of chamber summons to the legal heirs of defendant. The plaintiff to take steps and comply on or before 30/01/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Nobody present when called at 11.00 am
kb
Later on
Adv. for plaintiff is present.
Adv. for plaintiff filed affidavit of service. t.o.r.
Defendant and adv. for defendant absent.
Nobody appeared for defendant even after service of chamber summons. Hence chamber summons to proceed ex parte against proposed defendants.
Adjd for CS hearing to 05/02/2020.
Next Purpose: C/S HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Nobody present when called at 11.29 am.
Later on at 4.10 pm
Adv. Krishnanand Mishra for plaintiff is present.
The plaintiff has not filed death certificate of deceased defendant. Therefore plaintiff is directed to file death certificate of deceased defendant.
Adjd for compliance to 24/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: BY PRECIPE O- keep on regular date.
Adv. Akhilesh Singh for plaintiff present.
The other side has not appeared till date. Therefore Adv. for plaintiff requested for short date. On oral request the suit is now fixed to 15/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: P. O. is on training
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Called at 11.00 a.m.
Nobody present.
K/B.
F.R.S.R Following Order is passed in Chamber Summon No. 2277/19
ORDER
1. The chamber summons no. 2277 of 2019 is allowed in terms of prayer clause (a).
2. The plaintiff to carry out necessary amendment within the period of limitation.
3. Accordingly, chamber summon is disposed of.
Adj. for compliance to 27/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Krishnanand Mishra for plaintiff present.
Plaintiff is directed to file amended plaint and serve the writ of summons to defendant.
Adjd for compliance to 28/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Adv. J. P. Mishra for Plaintiff present.
None present for Defendants.
Adv. for plaintiff tendered affidavit of service, t.o.r. and marked at Exh.05
Adjourned for Hearing on Exh.05 on 12.10.2020.
Next Purpose: HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: CA of plaintiff present.
Adv. Mr. Akhilesh Singh for plaintiff present.
On perusal of the service affidavit, it appears to me that suit summons is duly served on defendant no.1A and not duly served on defendant Nos.1B, 1C and 1D. Hence, suit to proceed ex-parte against defendant no.1A.
Advocate for plaintiff filed draft Ch/s for paper publication against defendant nos.1B to 1D.
Order
1. Draft chamber summons for paper publication is allowed.
2. Plaintiff to take out a summons publication in local news paper in English language and in a local language in Kerala in order to serve defendant nos.1B to 1D.
3. Chamber summons be registered for statistical purpose.
Adjd. for compliance on 15.12.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: C.A. of plaintiff is present.
Advocate Krishna Mishra for plaintiff is present and filed registered C/S No. 590/20. It is already disposed on 19.10.2020.
Advocate for plaintiff filed service affidavit at Exh.06.
None present for defendant.
Adjourned for hearing on Exh. 06 to 22.12.2020.
Next Purpose: HEARING
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Advocate Krushna Mishra for plaintiff is present.
None present for defendant.
Adjourned for hearing on Exh. 06 to 06.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Akhilesh Singh for plaintiff , prayed for (ex-parte) order against defendants 1(a to d).
Affidavit dtd. 30-01-20 is remain to exhibit it is marked at Exh.7. In view of Exh. 7 notice to proposed defendants i.e. 1 (a to d ) was duly served by RPAD.
In view of affidavit vide Exh. 5 summons is duly severed on defendant no. 1 (a) Shakuntala by RPAD. It is endorsed on other 3 postal envelops that defendants 1 (1b to d) have left the address.
In view of affidavit vide Exh. 6 annexed with 2 news papers i.e. The Hindu and Kerala Kaumudi, summons is presumed to duly served by publication. Hence, suit to proceed (ex-parte) against defendants 1 (a to d).
None for defendant.
Matter is adjd.to16-01-2021 for Hearing (ex-parte)
(3.00 pm).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Krishnad Mishra for plaintiff is present.
None for plaintiff.
Exh.8 - evidence affidavit of PW -1 - Jayprakash Mishra
Exh.9 - List of documents.
In view of evidence of PW - 1, following documents are
marked -
Exh.10 - Original Power of attorney dtd. 20-12-2018.
Exh.11 - Sale Agreement dtd. 06-08-2011.
Exh.12 - Power of Attorney and transfer affidavit both dtd
02-09-2011.
Exh. 13 - Cheque for Rs. 22,00,000/- and its dishonor
memo both dtd. 13.08.2019.
Exh. 14 - Cheque for Rs. 3,00,000/- and its dishonor
Memo both dtd. 13.08.2019
Exh. 15 - Adv.\''s notice dtd. 25-04-2018 and its postal
receipt.
Exh. 16 - Reply of deceased defendant dtd. 06-06-2018.
Exh. 17- copy of valuation report.
Exh. 18 - evidence closed pursis.
Matter is adjd.to 25-02-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Mr. G.R. Mishra for plaintiff present.
None for defendant.
Exh.19- Application submitted by plff. for permission to file additional affidavit and document- It is ex-parte suit, hence, permission is granted.
Exh.20- Additional affidavit of PW-1 Mr. Jayprakash Mishra.
Exh.21- Bank Statement.
Exh.22- Evidence close pursis filed by plff.
Matter is adjd.to 06.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv. Mr. Krishna Mishra for plaintiff present.
None for defendant.
Heard argument of adv. for plff.
Exh.23- Judgment.
Judgment dictated and pronounced in open court.
F.R.S.R the following order is passed.
ORDER
1. Suit is decreed with cost.
2. Defendant nos. 1(a) to (d) shall pay, jointly and severally, the amount of Rs. 25,00,000/- (Rupees Twenty Five Lakhs Only) to the plaintiff with interest @ 12 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 06-03-2021