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NOTICE OF MOTION

Ajay Kumar Bhulan MauryaVsMumbai Municipal Corporation and Ors. Applicants- Radheshyam Baijnath Gupta and Ors.

CNR MHCC0100131720186-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 08th July 2025

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100329/2018
Registration Date
24 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-06-2018
    
    Date: 26-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2018
    
    Date: 04-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-10-2018
    
    Date: 20-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Plaintiff and his adv are present.
    Adv Meena Dhuri for defendant nos.1 and 2 present.
    Adjd. To 13/8/2019 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Advocate for plaintiff present.
    Advocate for applicant present.
    Advocate Dhuri for defendant/BMC present.
    Adjourned for Reply by plaintiff to 28/04/2020.
    Next Purpose: REPLY
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: REPLY
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: COVID-19
    Next Purpose: REPLY
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: None for plaintiff.
    Advocate for deft/BMC present.
    Adjourned for Reply to 24-03-2021.
    Next Purpose: REPLY
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Advocate for plaintiff present.
    Advocate for defendant/BMC present.
    Court busy in hearing argument in Suit No. 234/2021 and other ad-interim matters.
    Adjourned for reply to 28/04/2021.
    Next Purpose: REPLY
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Court is on leave. Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Plaintiff present and his advocate absent. He requested for time. O-Granted.
    Advocate Smt. Patil for defendant/BMC Present.
    Adjd for N/M Reply to 29/09/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Advocate for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for NM Reply to  29.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Plaintiff present and his Avocate is absent.
    plaintiff is submitted that his Advocate under gone Cardiac Surgery.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Advocate for Defendant No. 3A to 3C present.
    On oral request of plaitiff matter is adjourned.
    Adjd for N/M Reply to  15.02.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Plaintiff present and his advocate is absent.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for N/M Reply to    30.04.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: Plaintiff present and his advocate absent.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for NM Hearing to  05.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None present for plaintiff
    Advocate  Aditya Modi for Applicant present  and filed application Marked as Exh. 12. O- Other side to say
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for NM Hearing to  26.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: H/d Advocate for plaintiff present.
    Advocate for applicant present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for Say on Exh. 12/ NM Hearing to  13.09.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Plaintiff present and his advocate are present.
    Adv. R.D.Thorat  for applicant present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Exh. 12 is not pressed by the plaintiff/Applicant, hence it is filed and disposed off.
    Defendant had sought four weeks time to carry out the amendment vide Notice of Motion No. 358/2018 on 10.01.2020. However till today the defendants have not carried out the proposed amendment.  Hence matter fixed for necessary Order.
    Adjd for Necessary Order  to  11.10.2022
    Next Purpose: ORDER
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Advocate K .P. Mishra for plaintiff present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Today matter is fixed for necessary order as plaintiff failed to carry out out amendment which allowed vide Notice of Motion No. 358/2018.  Plaintiff intends to challenge order passed in  Chamber summons No. 902/2015. However he did not get the certified copy of the order. So he can not challenged the said order.  He is seeking 4 weeks time. On request of advocate for plaintiff adjournment is granted. Matter is kept for compliance.
    Adjd for   Compliance   to  03.12.2022
    L.O. 3.25 p.m.
    Intervener/Applicant ( Shri. Radheshyam Gupta) alongwith  his Adv. Anjali  Mishra for Applicant/Intervener present
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: Court is on leave
    Matter adjd to 13.12.2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Plaintiff No. 3 present and his advocate is present
    Advocate for defendant No. 3 present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Matter called out at 11.49 p.m.
    Advocate for plaintiff present.
    Adv R.D. Thorat for defendant No. 3 present.
    Plaintiff is directed to file amended copy of plaint on or before next date.
    Adjd for filing copy of amended plaint/Compliance to 17.01.2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Plaintiff present and his Advocate is absent.
    Advocate R.D.Thorat for Defendant No. 3  present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    It is submitted by the plaintiff that he want to change Advocate as he is seeking time, as last chance is given.
    Adjd for  Compliance to  14.02.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Advocate Victor Fernandes for plaintiff present and filed Vakalatnama Marked as Exh. 13 O- Filed.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Advocate Shruti Chavan for defendant No. 3 present.
    On request of advocate for plaintiff adjournment is granted.
    Adjd for Filing amended copy of plaint/Compliance  to 11.04.2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Advocate Victor Fernandes  for plaintiff present and filed amended copy of plaint. t. o.r and also filed application for issuance writ of summons on existence and newly added defendant at Exh. 14  O- Issue writ of summons to existing and newly added defendant on PF.
    Advocate R.D.Thorat for  Defendant No. 4a to 4d  present and he waive service of writ of summons as already he appeared before Court.
    Advocate Smt. Meena Dhuri for defendant No. 1 and 2/BMC present.
    Adjd for Compliance to  13.06.2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Advocate Mishra present for plaintiff and sought adjournment.
    Advocate Mrs. Meena Dhuri present for defendant/BMC.
    Advocate Anjali Mishra present for defendant no. 4A to 4D and she submitted that, she has not received the amended copy of plaint.
    Copies of plaint alongwith documents be supplied to the defendant no. 4A too 4D.
    Matter adjourned for compliance to 29/08/23.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: Advocate Vitthal Fernandis present for plaintiff.
    Advocate Meena Dhuri present for defendant/BMC.
    Advocate Rahul Thorat for defendant no. 4A to 4D present and filed WS of defendant no. 4A to 4D at Exh. 15 O- Read and recorded.
    Copy served to the other side.
    Plaintiff is directed to serve writ of summons to defendant no. 3A to 3C and file affidavit of service.
    Matter adjourned for Compliance to 10/10/23.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Advocate Vitthal Fernandis present for plaintiff and filed affidavit of service. t.o.r. marked as Exh. 16. O- filed.
    He also filed another second affidavit of service marked as Exh. 17. t.o.r.
    Advocate Meena Dhuri present for defendant/BMC.
    Advocate Sinead P. Remedious for defendant no. 4a to 4b present.
    As per affidavit of service of writ of summons, writ of summons is duly served on defendant no. 1 and 2.
    As per report second affidavit of service of writ of summons at Exh. 17 filed by advocate for plaintiff. Writ of summons issued by RPAD returned back with postal endorsement unclaimed returned to sender in respect of defendant no. 3A Mr. Anantkumar. As Per letter dt. 28/09/2023 with photocopy of report issued by postal department, writ of summons is served on defendant no. 3B Smt. Urmila. It is due service of writ of summons. Writ of summons of defendant no. 3C returned back due to insufficient address. Hence, suit be kept for appearance of defendant no. 3A to 3B.
    Plaintiff to take necessary steps for service of writ of summons to defendant no. 3C.
    Matter adjourned for service of writ of summons/compliance to 12/12/23.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: Plaintiff no. 4A present.
    Advocate Victor Fernandis present for plaintiff and filed application for issuing writ of summons at Exh. 18.
    O- issues writ of summons to defendant no. 3(C) on P. F. as per address mention in para no. 3 of Exh. 18.
    Advocate Meena Dhuri present for defendant/BMC.
    Advocate Anjali Mishra for defendant no. 4A to 4D present.
    Inspite of due service of writ of summons to defendant no. 3B Smt. Urmila, she remains absent. Hence, keep for necessary order against her.
    Matter adjourned for necessary order against defendant no. 3C/compliance to 30/01/24.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: Advocate Vilas Jadhav h/f Adv. Mishra  present for plaintiff and sought adjournment for filing report of service of writ of summon on defendant no. 3c. O - granted.
    Plaintiff present.
    Advocate Meena Dhuri  present for defendant/BMC no. 1 and 2.
    Adv. Remidios for defendant no.  4a to 4d present.
    Matter adjourned for compliance to 05.03.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: Advocate Victor Fernandis   present for plaintiff.
    Advocate Meena Dhuri present for defendant/BMC. no 1 and 2.
    Adv. rujuta Lokare for defendant 3a to 3c present and filed vakalatnama at Exh. 19.
    Adv. Anjarli Mishra for defendant no. 4a to 4d present.
    Plaintiff is directed to server copy of plaint along with all documents to defendant no. 3a to 3c before next date.
    Matter adjourned for additional written statement subject to limitation to 30.03.2024.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-03-2024
    
    Date: 30-03-2024
    Business: Advocate Victor Fernandis present for plaintiff and filed affidavit of service. O  Leave granted to registered.
    Advocate Meena Dhuri present for defendant/BMC no. 1 and 2.
    Adv.  Rujuta Lokare for defendant 3a to 3c present.
    Adv. Anjali Mishra for defendant no. 4a to 4d present.
    Plaintiff is directed to supply copy of NM along with all documents attached with plaint to the defendant no. 3a to 3c and defendant no. 1 and 2.
    Matter adjourned for compliance / written statement of defendant no. 3a to 3c subject to limitation to 02.05.2024.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: Advocate Victor Fernandis  present for plaintiff.\\
    Advocate Samadhan Gund h/f Adv. Meena Dhuri present for defendant/BMC 1 and 2.
    Adv. Rujuta Lokare for Def No. 3a to 3c present.
    Adv. R.K. Sharma h/f Adv. R.D. Thorat for Def No. 4a to 4d present and filed Draft NM @ Affidavit O- Leave granted to register.
    Copy served to all defendant.
    Matter adjourned for NM reply/WS of Def No. 3a to 3c subject to limitation to 09/07/2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: Advocate Victor Fernandis present for plaintiff.
    Advocate Jyoti Mhatre present for defendant/BMC no.1 and 2.
    Adv. Rujuta Lokare for defendant no. 3a to 3c  and filed draft notice of motion along with affidavit and Written statement. Copy served. Adv. Rahul Thorat for defendant no. 4a to 4d present and filed registered NM No. 1736 of 2024.
    Matter adjourned for NM reply in NM No. 1736 of 2024 and draft notice of motion filed by defendant no. 3a to 3c to 03.08.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2024
    
    Date: 03-08-2024
    Business: Advocate Victor Fernandis present for plaintiff.
    Advocate Jyoti Mhatre present for defendant/BMC no. 1 and 2
    Adv. Rujuta Lokare for defendant no. 3(a) to 3(c) present.
    Adv. Patel h/f Adv. D A. Thorat for defendant no. 4(a) to 4(d) present.
    Matter adjourned for NM hearing to 29.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: Advocate Pravin Mishra present for plaintiff and filed reply to NM No. 3165 of 2024. O - filed. Copy served.
    Advocate Jyoti Mhatre present for defendant/BMC no. 1 and 2.
    Adv. Rujuta Lokare for defendant no. 3a to 3c present and filed registered NM No. 3165 of 2024.
    Adv. Shruti Chavan h/f Adv. R. D. Thorat for defendant no. 4a to 4d present.
    Advocate for plaintiff filed draft notice of motion along with affidavit. O - leave granted to registered.
    Matter adjourned for reply and NM hearing to 22.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2024
    
    Date: 19-09-2024
    Business: NOB TOB There is element of settlement. Hence, matter referred to Lok-Adalat which is held on 28/09/2024. Issue notice to both the parties.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: NATIONAL LOK ADALAT HELD ON 28.09.2024 (PANEL- VII) Matter pertains to CR No.6 None present for plaintiff. Advocate Jyoti Mhatre for defendant/BMC present. Mr. Mohd. Shaikh A(I/C) Estate Department, F/S Ward present. Matter is adjd for hearing to 24-10-2024
    Next Purpose: HEARING
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: Adv. Victor Fernandis present for plaintiff and filed registered NM No. 4961 of 2024.
    Plaintiff filed reply to NM No. 1736 of 2024.
    Advocate Jyoti Mhatre present for defendant/BMC.
    Adv. S. Remedies for defendant no. 4(a) to 4(d) present and sought time for filing reply to NM No. 4961 of 2024. O - granted.
    Matter adjourned for reply to NM No. 4961 of 2024 to 03.12.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-12-2024
    
    Date: 03-12-2024
    Business: COURT IS ON LEAVE.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: Advocate Victor Fernandis present for plaintiff.
    Advocate Jyoti Mhatre present for defendant/BMC.
    Adv. Remedies h/f Adv. R. D. Thorat for defendant no. 4(a) to 4(d) present and sought adjournment for filing reply. O- Granted.
    Adv. Rujuta Lokre for defendant no. 3(a) to 3(c) present.
    Matter adjourned for NM reply to 18.03.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-03-2025
    
    Date: 18-03-2025
    Business: Advocate Victor Fernandis present for plaintiff.
    Advocate Neeta Jadhav present for defendant/BMC.
    Adv. Patel h/f Adv. Thorat for defendant no. 4a to 4d and submitted that they are not going to file reply.
    Adv. Rujuta Lokare for defendant no. 3a to 3c present and submitted that they are not going to file reply.
    Matter adjourned for NM hearing to 08.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2025
    
    Date: 08-07-2025
    Business: Advocate Mishra a/w Adv. Victor Fernandis present for plaintiff.
    Advocate Ruhi Hajare present for defendant/BMC no. 1 and 2.
    Adv. Rujuta Lokare for defendant no. 3a to 3c present.
    Adv. R. D. Thorat for defendant no. 4a to 4d present.
    The Ld counsel for the plaintiff submitted that the purpose of notice of motion no. 329 of 2018 is served. Hence he has not pressed the same. Accordingly the NM No. 329 of 2018 is disposed off.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 08-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101376/2018
    Filing Date: 24-01-2018
    First Hearing Date: 17th March 2018
    Decision Date: 08th July 2025
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1
    08 Jul 2025
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 06 ASST. SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100329/2018
    Ajay Kumar Bhulan Maurya Vs Mumbai Municipal Corporation and Ors. Applicants- Radheshyam Baijnath Gupta and Ors.
    Date : 08-07-2025
    Business : Advocate Mishra a/w Adv. Victor Fernandis present for
    plaintiff. Advocate Ruhi Hajare present for defendant/BMC
    no. 1 and 2. Adv. Rujuta Lokare for defendant no. 3a to 3c
    present. Adv. R. D. Thorat for defendant no. 4a to 4d present.
    The Ld counsel for the plaintiff submitted that the purpose of
    notice of motion no. 329 of 2018 is served. Hence he has not
    pressed the same. Accordingly the NM No. 329 of 2018 is
    disposed off.
    Nature of Disposal : OTHERWISE
    Disposal Date : 08-07-2025
    COURT 06 ASST. SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    08 Jul 2025
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 06 ASST. SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100329/2018
    Ajay Kumar Bhulan Maurya Vs Mumbai Municipal Corporation and Ors. Applicants- Radheshyam Baijnath Gupta and Ors.
    Date : 08-07-2025
    Business : Advocate Mishra a/w Adv. Victor Fernandis present for
    plaintiff. Advocate Ruhi Hajare present for defendant/BMC
    no. 1 and 2. Adv. Rujuta Lokare for defendant no. 3a to 3c
    present. Adv. R. D. Thorat for defendant no. 4a to 4d present.
    The Ld counsel for the plaintiff submitted that the purpose of
    notice of motion no. 329 of 2018 is served. Hence he has not
    pressed the same. Accordingly the NM No. 329 of 2018 is
    disposed off.
    Nature of Disposal : OTHERWISE
    Disposal Date : 08-07-2025
    COURT 06 ASST. SESSIONS JUDGE
    -- 1 of 1 --

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