Date: 23-01-2020
Business: Adv. Bhavna Jain for plaintiff present.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
Issue writ of summons to the defendants.
The matter is adjd for affidavit of service to 12.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: None present for plaintiff.
Adjourned for filing service affidavit by plaintiff.
The matter is adjd for affidavit of service to 23.06.2020.
L.O.
Adv. Bhavna Jain for plaintiff present.
Application for substituted service.
O. - Read application. Heard. Ld. Counsel for plaintiff submitted that deft. nos.1 and 2 are not found at their address. She would submit that the defendants are avoiding the service of the summons. On perusal of the bailiff report, it appears that bailiff had been to the address of deft. nos.1 and 2 to serve deft. nos.1 and 2 but they were not found and their whereabouts are not known on inquiry with one Omprakash Yadav. It appears that defendants are avoiding the service of summons, hence it is expedient to pass the following order.
ORDER
1. Application (Exh.5) is allowed.
2. Writ of summons be served to defendant nos.1 and 2 by affixing the copy of summons at conspicuous place in the court house and also upon some conspicuous part of the house in which, the defendants were known to have last resided and carried out their business.
3. In addition, the plaintiff to serve writ of summons to defendant nos.1 and 2 by advertisement in daily newspapers ( English and Marathi ) widely circulated in the locality in which the defendants were last known to have actually and voluntarily resided.
4. Application (Exh.5) is disposed off accordingly.
The matter is already adjd for affidavit of service to 23.06.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Business: Ld. advocate Ms.Bhavana Jain for the plaintiff present. She filed application for extention of writ of summons.
ORDER BELOW EX.6
Read application. Considering the reason writ of summons is extended for its compliance as per the order dated 12/03/2020.
Application Ex.6 is disposed off accordingly.
Adjd. to 11.11.2020 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Adv. Bhavna Jain for plaintiff present.
Due to Covid-19, the matter is adjourned to 25.11.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Ld. advocate Bhavna Jain for the plaintiff present
Affidavit of service filed by Ld. Advocate for plaintiff is taken on record.
ORDER BELOW EX.NO.1
On perusal of service affidavit, it appears that the defendants have been duly served by substitute service i.e. paper publication. Inspite of the service defendants failed to appear. Hence, the suit to proceed exparte against the defendants. The matter is adjd to 11.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: None present.
The matter is adjd for evidence of plaintiff to 01.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for evidence to 19.07.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 22.09.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv. Bhavna Jain for plaintiff is present.
None for defendant.
On oral request matter is KB.
LO at 12.25 p.m.
Adv. Piyush Jain for plaintiff is present.
PW No. 1 Jiten Nandkumar Jain is present.
Plaintiff has filed an affidavit of evidence t.o.r marked as Exh.8.
Oath is administered to the witness.
He has admitted the contents of affidavit and signature therein.
Plaintiff has filed list of documents t.o.r marked as Exh.9.
Perused the evidence and the documents. The matter is proceeded ex-parte. Considering the said fact and the evidence of PW No.1, document at Sr.No.1 to 12 are now marked as Exh.10 to Exh.21.
Exh.10 Original copy of deed of conveyance dtd. 25/09/1952.
Exh.11 Original copy of deed of sale dtd. 30/12/2004.
Exh.12 Original copy of agreement of sale dtd. 29/10/2010
Exh.13 Original copy receipt dtd. 08/11/2010 and newspaper copy dtd. 09/11/2010
Exh.14 Original Bank Pass book
Exh.15 Original copy of receipts by MCGM.
Exh.16 Original power of attorney dtd. 06/01/2011
Exh.17 Original indemnity bond dtd. 06.01.2011
Exh.18 Original letter of confirmation dtd. 23/11/2011
Exh.19 Original letter of confirmation dtd. 26/01/2015
Exh.20 Office copy of notices from Collector\''s Office
Exh.21 Office copy of demand notices by Collectors office
Matter adjd for evidence on 14.10.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: None present.
Matter adjd for evidence on 01.02.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv Bhavna Jain for pltff present.
As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 12/04/2022 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: PO is on leave hence adjd.to 01/07/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: P.O. is on leave hence matter adjd.to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Adv Piyush Jain for plff is present.
Mr. Jiten Nandkumar Jain is present.
None present for the deft.
Examination in chief of PW-1 Jiten Jain commenced and concluded.
None present for deft. when called repeatedly.
The matter to be proceeded without cross by the defendant.
The matter proceeded without cross by the deft.
The plaintiff has filed evidence closing pursis. T.O.R.
O-Seen. It is marked as Exh. 22
Matter adjd to 02/08/2022 for final argument
Next Purpose: ARGUMENTS
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Piyush Jain for plaintiff is present.
Heard Adv.for plaintiff.
Matter adjd to 18.08.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Bhavana Jain for plaintiff is present.
Ex-parte Judgment pronounced in open Court below Exh.23.
F.R.S.R following order is passed-
ORDER
The suit is decreed with cost.
The defendant no.2 is directed to execute the deed of conveyance infavour of the plaintiff in respect of suit property within two months.
The defendants are restrained by decree of permanent injunction from executing any agreement in relation to the suit property in favour of any other party.
Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 18-08-2022