Rama Shankar Lalta Prasad Yadav +2 moreVsDinesh Dinanath Varma +1 more

Date: 02-12-2019
Business: None present for plaintiff.
None present for Defendant.
Plaintiff is directed to file affidavit of service of writ of summons.
Case is adjourned to 22.01.2020 for compliance.
Adv. Wasim Khan for plaintiff present. And requested to issue fresh writ of summons.
Order . Issue fresh summons.
Case is already adjourned to 22.01.2020 for falling affidavit of writ of summons.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Advocate for Plaintiff present and sought time to file affidavit of service.   Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 20/03/2020 for filing affidavit of service of writ of summons.
L.O.
Advocate Mr. R. S. Dubey for Defendant no.1 and 2 present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present for Plaintiff.
None present for Defendant.
It seems that due to fear of Corona Virus, parties may not have appeared today in the matter hence case is adjourned to 26/06/2020.
Next Purpose: SERVICE
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: SERVICE
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Business: As holiday was declared, taken on 27/08/2020.
Adjourned due to Covid-19.
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv Mr. Wasim Khan for plff present and filed original writ of summons. He seeks time to file affidavit of service of writ of summons on the defts.
Adv Mr. Mishra for deft Nos.1 and  2 present and filed VP at Exh.2. He also filed draft NM along with affidavit in support for condonation of delay caused in filing WS. O- Leave to register is granted.
(Proposed WS of deft Nos.1&2 is produced on record with draft NM. )
Adjd. for NM reply and affidavit of service on other defts to 04.03.2021 in the afternoon session.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv Mr. Wasim for plff present and filed affidavit of service of writ of summons at Exh. 3 He also filed reply to NM taken out by deft Nos.1a nd 2 on 05.02.2021.
None present for deft.
Deft No.1 and  2 have not tendered registered NM in the Court till date as per the leave granted on  05.02.2021.
Matter is adjd. for tendering registered NM in Court by deft Nos.1 and  2 and for order in view of filing of affidavit of service by the plff to 08.06.2021.
Judge
L.O.
Adv Mr. Tiwari h/f Adv Mr. Mishra for deft Nos.1 and  2 present and tendered registered NM No.659/2021 along with affidavit in support.
Already adjd. to 08.06.2021.
Next Purpose: ORDER
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: Adv Mr. Wasim for plff present.
None present for deft.
Considering the present pandemic condition, matter is adjd. at same stage till next date.
Mater is adjd. for NM hearing to 06.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv Mr. Wasim Khan for plff present.
None present for deft.
As nobody is present for deft, N.M. No.659/2021 be kept for dismissal order.
Matter is adjd. for NM dismissal to 27.09.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Adv Mr. Wasim Khan for plff present.
Adv Mr. Dubey h/f Adv Mr.Sunil Mishra for deft present and requested to remove the matter from NM dismissal caption. He seeks adjournment by submitting that Adv. Mr Sunil Mishra for the deft is unable to attend this Court today. Though NM of deft is kept for dismissal order, since the holding adv. for deft is present today, matter is adjd. till next date but with understanding that in case of failure of deft to argue the said NM on next date, it will be dismissed in default.
Matter is adjd. for NM hearing / NM dismissal order to 26.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Adv Mr. Wasim Khan present for plff.
Adv Mr. Sunil Mishra present for deft.Nos.1 and 2.
Heard arguments of advocates for plff and deft Nos.1 and 2 in N.M.No.659/2021.
F.R.S.R. following order is passed in N.M.No.659/2021
                    ORDER
      Notice of Motion No.659 of 2021 is allowed subject to cost of Rs.1,000/-(Rupees One Thousand Only).
	Defendant Nos.1 and 2 shall either pay the amount of cost to the plaintiff directly or shall deposit it in court on or before next date.
	In case of their failure to pay/deposit the cost as 	mentioned above, this Notice of Motion shall be deemed to have been dismissed.
                     ----
Matter is adjd. for compliance to 08.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: None present.
Defendant No.1 and 2 are absent. Failed to show compliance of NM No.659/21.
Matter adjd to 20.07.2022 for further steps if no compliance is made of order dated 05.04.2022 on today.
Judge
LO at 01.30 pm,
Adv.Wasim Khan for plaintiff present.
Adv.R.S.Dubey for deft.No.1 and 2 present.
The Ld.Adv.for the defendant paid cash of Rs.1000/- to plaintiff’s advocate in terms of compliance of order dated 05.04.2022. Endorsement to that effect is made by the plaintiffs advocate on roznama dated 05.04.2022.
Written statement filed by deft.no.1 and 2 is t.o.r. and marked as Exh.4. Copy is already received by the plaintiff.
ORDER BELOW EXH.1
Read the service affidavit Exh.3 and Exh.B therein.  The suit summons is refused by defendant No.3 Umashankar Yadav. He remained absent. Hence, suit to proceed ex-parte against defendant No.3.  The acknowledgment card in service affidavit Exh.3 shows that suit summons is served on defendant No.5 Girijashankar Yadav. He remained absent. Hence, suit to proceed ex-parte against defendant No.5.
The summons returned as unclaimed against defendant No.4 Kalavati Laltaprasad Yadav. Plaintiff to take steps for service of summons on defendant No.4.
Matter adjd to 20.07.2022 for steps for service of suit summons on deft.No.4.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Plaintiff present. His Adv.absent.
None present for defts.
Time granted at the request of the plaintiff.
Matter adjd to 08.09.2022 for steps for service of suit summons on deft.No.4.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: None present for pltff.
Adv.R.S. Dubey h/f.Adv.Sunil Mishra for deft. No.1 and 2 present.
Plaintiff to file service affidavit in respect of deft.No.4.
Matter adjd to 10.11.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Plaintiff present. His adv.absent.
None present for deft. Plaintiff requested for adjournment.
Matter adj. to 03.02.2023 for service affidavit in respect of deft.No.4.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: Plaintiff present. None present for defendant. Service affidavit is not filed. Plaintiff to file service affidavit of defendant No.4.
Matter adjd to 13.04.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Adv.Wasim Khan for plaintiff present.
None present for defendant.
On oral request of plaintiff matter adjd to 19.07.2023 for filing service affidavit as last chance.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 25-10-2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. Wasim Khan for plaintiff present.
None for defendant
Matter is adjd.to 14-12-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: None for Plaintiff present.
None for defendants No.1 to 5 present.
Matter stands adjourned on 16.03.2024 for affidavit of
service/dismissal order.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: P.O. is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: None for plaintiffs present.
None for defendants No.1 to 5 present.
Matter stands adjourned on 03.09.2024 for affidavit of service/ dismissal order.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: P.O. is on Medical Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: None for plaintiff present.
None for defendant present.
Matter adjourned for filing service affidavit.
Matter stands adjourned on 05/02/2025 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 29/04/2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2025

Date: 29-04-2025
Business: None for plaintiff present.
None for defendant present.
From last seven dates and to be specific from October 2023 plaintiff and his Adv. are absent. Today also plaintiff and his Adv. are absent. It appears that plaintiff is not interested in proceeding with case. Hence, matter posted for dismissal order.
Matter stands adjourned on 03/05/2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: None for plaintiff present.
None for defendant present.
Keep Back.
Later on.
None present when call up to 5.00 PM.
Matter is fixed for dismissal order.
Plaintiff had not taken any steps for proceeding with the suit since long. Today also plaintiff and his Adv. are absent. It appears that plaintiff is not interested in proceeding with case. Hence, I proceed to pass following order.
ORDER PASSED BELOW EXHIBIT-1.

1.Suit No.2964/2019 is dismissed in default and for want of prosecution.
2.Parties to bear their own costs.
3.Parties to take note.
4.Proceeding of Suit No.2964/2019 is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 03-05-2025

NOTICE OF MOTION/100659/2021

Registration Number: 102964/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 102964/2019
Transfer Date: 01-01-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 111619/2019
Filing Date: 22-10-2019
First Hearing Date: 02nd December 2019
Decision Date: 03rd May 2025
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE