Date: 15-01-2020
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 10-03-2020
Date: 10-03-2020
Business: Holiday on 10/3/2020 i.e. Dhulivandan (Holi).
Hence adjourned to 30/3/2020.
Next Purpose: REPLY
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 03.02.2021.
Next Purpose: REPLY
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: None present.
Order below NM no. 4955/19
Perused the Notice of Motion which is supported by an affidavit being executed by the Manager of the plaintiff. I have carefully perused the plaint and the written statement. In the plaint there is an avernment that suit flat was mortgage and it is specifically denied by defendant. Under these circumstances and in view of Order 14 Rule 1 of the CPC, the issue arise when a material proposition of fact for law is affirmed by one party and denied by the another. On perusal of the issues which are framed by my Ld. Predecessor by Exh.3 there is no issue with regard to creation equitable mortgage and hence the additional issue as per the draft issue annexed to Notice of Motion needs to be added as issue no.3-A below Exh.3, being the distinct issue. Hence, I pass the following order-
ORDER
The Notice of Motion No. 4955/19 is allowed in terms of prayer clause (a) and the draft issue annexed therein be added as issue no. 3-A below Exh.3.
All concerned to act upon accordingly.
Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 03-02-2021