Date: 20-12-2023
Business: Resumed.
Appellant absent . Advocate present.
Respondent no.6 and 7 present. Holding Advocate K.D. Pandey for the respondent no.6 and 7 present.
Order passed below Exh.1 O- Heard. Admitted. Res. Nos.6 and 7 appeared before the Court and waived the Service.Issue notice against respondent NO.1 to 5 R/o 6.01.2024.
Exh.7 Stay application filed by the Advocate for the appellant.
Order passed below Exh.7- O Heard Ld. Adv for the appellant and adv. for respondent nos. 6 to 7. He asked time to file detail reply. In the interest of justice the status quo order already granted against the respondent no. 1 to 5 in respect of prayer clause (b) to (d) in application Exh.9 is granted till next date. The parties to take note.
Further order passed below Exh.7 O.S. to say. Issue notice to respondent no.1 to 5.
Adj for Alias against respondent no.1 to 5 as per Ex.1 and 7/ for filing SV of respondent no.6 and 7/ Reply of respondent no.6 and 7 to Exh.7/ Hearing in Exh.7 with main.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: Resumed.
Appellant and H. Adv. Pallavi Vanjari present.
Respdt. No. 6 and 7 present. Adv. Sudha Gaud for Respdt. No. 6 and 7 present. Adv. Damani for Respdt. No. 1 to 5 present.
Exh. 10- SV of Adv. for Respdt. No. 6 and 7.
Exh. 11- Reply of Respdt. No. 6 and 7 to Exh. 7.
Exh. 12- Stay application filed by Adv. for Appellant. (O. S. to say)
H/w say given by Adv. for Respdt. No. 1 to 5 .
H/w say given by Adv. for Respdt. No. 6 and 7.
Order passed below Exh. 12.
O.- Read the appln. and reply. Heard Ld. Adv. for parties. No prejudice will be caused to the Respdt. if the status quo would be extended. Hence the status quo extend already granted is extended till next date with direction Respdt. No. 1 to 5 shall file reply on next till date.
Adj for filing SV of Respdt. No. 1 to 5 / reply of Respdt. No. 1 to 5 to Exh. 7/ hearing in Exh. 07.
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Resumed.
Appellant and Adv. present.
Respdt. No. 6 and 7 present. Adv. for Respdt. No. 1 to 5 and Adv. for Respdt. No. 5 and 6 present.
Exh. 13- SV of Respdt. No. 1 to 5.
Exh. 14- Reply to Exh. 7 filed by Adv. for Respdt. No. 1 to 5.
Exh. 15- Application for extension of status quo filed by Adv. for Appellant. (O. S. to say)
H/w say given by Adv. for Respdt. No. 1 to 5 and Adv. for Respdt. No. 5 and 6.
Order passed below Exh. 15- Read the application and say. Heard, Ld. Adv. for parties. The status quo already granted is extended till next date as a last chance. Take note.
Adj for hearing in Exh. 7.
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: Resumed.
Appellant and Adv. present.
Respdt. No. 6 and 7 present. Adv. for Respdt. No. 1 to 5 and Adv. for Respdt. No. 5 and 6 present.
Exh. 16- Rejoinder to Exh. 7 filed by Adv. for Appellant.
Exh. 17- Application for extension of status quo filed by Adv. for Appellant. (O. S. to say)
H/w say given by Adv. for Respdt. No. 1 to 5 and Adv. for Respdt. No. 5 and 6.
Order passed below Exh. 17- Read the application and reply. Heard, Ld. Adv. of parties. The status quo extended till next date strictly as a last chance. parties to take note.
Both parties Advs. are directed to file short written argument .
Exh. 18- Pursis filed by Adv. for Respdt. No. 1 to 5 as his reply tender on 20/01/2024 be treated as written argument. (Seen and filed).
Adj for filing written argument by Adv. for Appellant and Adv. for Respdt. No. 6 and 7 in main appeal.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Resumed
Appellant and Adv present.
Respondent No. 6 and 7 Present. Adv for respondent No. 6 and 7 Present.
Exh- 19 Short Notes of argument on behalf of appellant.
Exh-20 Written argument of Respondent no. 6 and 7
Exh-21 - List of Additional Document Relied upon by Appellant.(filed)
Exh-22 Application for Extension of status quo filed by adv for Appellant. (OS to say ) Hand written say given by Adv for respondent no.6 and 7.
Order passed below Exh-22- Read the application and reply. Heard to advocate for parties . the stay already granted is extended till next date.
Adv for appellant and adv for respondent no. 6 and 7 argued on law point.
Adj for judgement in Main with Exh-7.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: Resumed.
Appellant and Adv. present.
Respdt. No. 6 and 7 present. Adv. for Respdt. No. 1 to 5 and H. Adv. Sudha Gaud for Respdt. No. 5 and 6 present.
Judgment pronounce in open court
O.- 1. Misc. Appeal is partly allowed.
2. Impugned order dt. 30/11/2023 passed below application Exh.9 by Ld. Judge of Trial Court in RAD Suit No. 429 of 2022 is hereby set aside.
3.Application Exh. 9 is partly allowed.
4. Defendant Nos. 1 to 5 are hereby restrained to transfer the rent receipt, which is standing in the name of ‘Swastik Engineering Corporation’, to anybody.
5. Parties to take note.
6. Inform Ld. Trial Court accordingly.
Order passed below Exh. 07- Read the application and reply. Heard Ld. Adv. For the parties. In view of disposal of main appeal, the application is hereby disposed off.
This proceeding is closed.
Nature Of Disposal: Judgement
Disposal Date: 17-02-2024
