Plaintiff claims injunction against defendants
Sanjay
(Querist) 16 August 2014
This query is : Resolved
Sir,
Widow with 1 daughter & 2 sons sold her only flat in society (transferred to her name after her husband's death) to purchaser.
Her 2nd son's wife (who does not stay with them for 4-5 years)immediately after flat sold, files civil case in Mumbai & claims injunction against defendants (including widows all 5 family member). But no one (defendants) attend the case since case started, now its 2.5 years.
When purchaser heard about it, he intervined case by Chamber of Summons & informed judge that he purchased the flat by registered Sale Deed paying stamp duty with bank loan, etc. & never attend case again.
Previous date case status - FOR TAKING STEPS (REPORT:-
This is a stage either for calling report of cocnerned authority or awaiting report of service of process.)
nOW NEXT HEARING DATE IS GIVEN
status - DISMISSAL (EVIDENCE (PH):
When the process of recording of evidence is initiated and matter adjourned for the same purpose by giving next date, stage of such matter is notified as evidence (partly heard).
When evidence on defence is to be secured, state evidence (defence) is mentioned. In criminal matters instituted other wise than police report, evidence is also recorded before issuance of process. State evidence before process is mentioned in such matters.)
Please tell me what is meaning of online case status - DISMISSAL, whether case will dismissed in next hearing ?
Any suggestion to purchaser ?
Thanks in advance.
Devajyoti Barman
(Expert) 17 August 2014
It appears is wrongly mentioned as ' dismissal'.
Suit must be posted for evidence/PH, both are same.
Sanjay
(Querist) 19 August 2014
Thank you Barman Sir.
they say "matter adjourned for the same purpose by giving next date"
status is AS MENTIONED BELOW,
(Purpose of Hearing - "DISMISSAL")
Shonee Kapoor
(Expert) 22 August 2014
There seems to be some clerical error only.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
T. Kalaiselvan, Advocate
(Expert) 22 August 2014
In my opinion, since the case has been partly heard and he prosecution failed to prosecute further, the case has been dismissed for default, what is your lawyer opining about it?
Sanjay
(Querist) 25 August 2014
Thanks Kapoor Sir & Kalaiselvan Sir.
Only plaintiff attending hearing & nobody else. So just checking online status after hearing.
Sanjay
(Querist) 28 August 2014
Good Morning Sir,
New online update shows,
Case Status - CASE DISPOSED
Nature Of Disposal - Uncontested--DISMISSED
From above status whether the case is dismissed ? if yes, permanently or can the be open again ?
There no order shown in online update, is it fine ?
Thanks.
Devajyoti Barman
(Expert) 31 August 2014
why have you repeated the query? You are already advised.
