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MISC APPEAL

Venkatrao GarabadiVsAdmiral Superintendent

CNR MHCC01002020201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 18th January 2020

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100095/2019
Registration Date
26 Feb 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act · Sec 9

Case History / Proceedings

Case History
Date: 27-02-2019
Business: CORAM-HHJ S.A.QUAZI, 2ND ADDL. PRINCIPAL JUDGE.
Matter pertains to C.R.No.19.
Adv. Sangram Chinappa for appellant present.
Respondent and his adv. absent.
The Ld. Adv.for appellant submits that the appellant tried to serve the notice of the appeal on the respondent but the respondent refused to accept the same. He submits that in such circumstances ad-interim relief granted to stay the impugned. However, I am not inclined to consider request for ad-interim relief without proper service on the respondent. Hence, it is directed that notice be issued to the respondent returnable on 02.03.2019. S.S. is allowed.
Matter is adjd. to 02.03.2019 for report of service of respondent.
Next Purpose: SERVICE
Next Hearing Date: 02-03-2019

Date: 02-03-2019
Business: CORAM-H.H.J. S.A. QUAZI, 2nd Addl. Principal Judge (C.R.NO.04)
Matter pertains to C.R.No.19
Adv. Sangram Chinappa for appellant present and has filed stay application t.o.r.
Respondent with his adv. is present.
ORDER ON EXH.2
The Ld. adv. for respondent has sought time to file reply where as the Ld. adv. for appellant submits that by the impugned order the respondent has directed to evict the appellant from the premises in question. He has submitted that primafacie the appellant has sufficient ground to challenge the impugned order in view that his documents regarding none availability certificate has not been considered while passing the impugned order by the Estate Officer under the Public Premises (Eviction of unauthorized occupants) Act 1971. Therefore he submits that the possession of the appellant may be protected till the matter is heard on merits. In view of this, time is granted to the respondent to file reply to the application Exh.2 till next date with direction that the impugned order stand stayed till next date.
Matter is adjd. to. 05.04.2019 for reply to Exh.2.
Next Purpose: REPLY
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Adv. Kartikaya Bahadur for appellant present.
Adv. Shreeram Redij for respondent present.
Mr. Erick Menezes, Dy. Manager of respondent present.
R and P be filed alongwith reply.
Adjd. to 03/05/2019 for reply and R and P.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Adv. Sangram Chinnappa for appellant present.
Adv. Shreeram Redij for respondent present.
Exh.3Respondent files reply.
Respondent files R and P.
Adjd. to 27/06/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Adv. Sangram Chinnappa for appellant present.
Adv. Shreeram Redij for respondent present.
Exh.4Ld. Counsel for appellant files rejoinder to appeal.
At the request of Ld. Counsel for appellant, adjd. to 10/07/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Adv. Mr.Niranjan Deshpande for appellant is present.
Adv. Mr.Shriram Redij for respondent is present.
As the Court is busy in hearing argument in Misc Appeal No.99/17, adjd to 08.08.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv. Kartikeya Bahadur I/b Adv. Sangram Chinappa for appellant present.
Adv. Shriram Redij for Respondent present.
Mr. Deepak Korgaonkar, Office Superintendent present.
Adjourned to 13/09/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Adv. Mr.Sangram Chinnappa for appellant is present.
Adv. Mr. Shriram Redij for respondent is present.
Adjourned to 07.10.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Adv. Sangram Chinnappa for appellant is present.
Adv. Shriram Redij for respondent is present.
Adjourned to 06.11.2019 for Hearing
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Niranjan Deshpande I/b Sangram Chinnappa for appellant.
Adv. Shriram Redij for respondent is present.
Adjourned to 05.12.2019 for Hearing.
Earlier order to continue till next date, if any.
Next Purpose: HEARING
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Kartikey Bahadur i/b Adv. Sangram Chinnappa for appellant is present.
Adv. Shyam Horambe i/b Adv. Shriram Redij for respondent is present.
Adjourned to 06.01.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. Sangram Chinnappa for appellant is present.
Adv. Shaym Horambe i/b Adv. Shriram Redij for respondent is present.
KB
LO at 12.30 pm.
Adv. Sangram Chinnappa for appellant is present.
Adv. Shaym Horambe i/b  Adv. Shriram Redij for respondent is present.
Heard final argument of advocate for appellant.
Adjourned to 08.01.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. Sangram Chinnappa for appellant is present.
Adv. Shriram Redij for respondent is present.
Heard final arguments of advocate for respondent.
Also heard arguments in reply.
Adjourned to 18.01.2020 for Judgment.
Earlier order, if any, to continue till next date.
Next Purpose: JUDGMENT
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv. Sangram Chinnappa for appellant is present.
Adv. Shriram Redij a/w Adv. Kunal Thakker for respondent present.
F.R.S.R. Following order is passed.
ORDER
1. Miscellaneous Appeal No.95 of 2019 is allowed.
2. The order of Estate Officer dated 08.02.2019 is hereby set aside.
3. Record and Proceeding be sent back to The Estate Officer.
Nature Of Disposal: ALLOWED
Disposal Date: 18-01-2020

Additional Case Details

Additional Case Details
Filing Number: 102278/2019
Filing Date: 22-02-2019
First Hearing Date: 27th February 2019
Decision Date: 18th January 2020
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

1
Final Order 1Full order available
18 Jan 2020

Order Details: Copy of Judgment Pdf Text: Judgment 1 Misc. Appeal 95/19 Received on 22/02/2019 Registered on 26/02/2019 Decided on 18/01/2020 Duration Yrs. Months Days 00 10 21 CNR No. MHCC010020202019 IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY MISCELLANEOUS APPEAL NO.95 of 2019 Venkatrao Garabadi Dukhishyam, Occupation : Service, R/at : Quarter No.158/02, NCH Colony, Powai, Mumbai – 400 078. ..Appellant. Versus Admiral Superintendent, Estate Manager/Estate Officer, Naval Dockyard, Mumbai – 400 023. ..Respondents. Coram : H.H.THE PRINCIPAL…

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