Order Details: Copy of Judgment Pdf Text: ... 1 ... MHCC010022922018 Presented on : 13.02.2018 Registered on : 14.02.2018 Decided on : 01.02.2024 Duration : 05 11 19 Years Months Days Exh... IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISCELLANEOUS APPEAL NO. 42 OF 2018 (CNR NO. MHCC010022922018) Shri. Sanjay Chandrakant Dhanawade Heir and L.R of Smt. Draupadi T. Dhanawade Age 50 years Room No.6, Chawl No. B/6, Shraddha CHSL, Mithanagar BMC Colony, Goregaon (West), Mumbai…
MISC APPEAL
Sanjay Chandrakant DhanawadeVsMCGM +2 more
CNR MHCC01002292201819-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 01st February 2024
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100042/2018
- Registration Date
- 14 Feb 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 15-02-2018 Business: Adv. Apurva Bhat with Adv. Akshay Pai for appellant present. Adv. A.V.Divate for respondent present. Exh.2Appellant files stay application. Ld. Counsel for respondent strongly opposed the same and submits that matter be kept for final arguments. In the meanwhile the execution of impugned order is stayed. Adjd. to 21/03/2018 for R and P and hearing. Next Purpose: AWAITING R AND P Next Hearing Date: 21-03-2018 Date: 21-03-2018 Business: Adv. Mr. Pai with Adv. Apurva Bhat for appellant present. Adv. Vyas with Adv. A.V. Divate for respondent present. Ld. Counsel for respondent seeks time to file R and P. Adjd. to 09/04/2018 for R and P. Earlier order to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 09-04-2018 Date: 09-04-2018 Business: Adv. N.A. Thakkar for appellant present. Adv. A.V. Divate for respondent present. Respondent files R and P. Adjd. to 26/04/2018 for hearing. Earlier order to continue till next date. Next Purpose: HEARING Next Hearing Date: 26-04-2018 Date: 26-04-2018 Business: Adv. Pai for appellant present. Adv. Vyas for respondent present. Exh.3Appellant files application for amendment in appeal memo. Ld. Counsel requests to dispensed with the verification of the amendment application as the amendment is on the basis of the documents on record. Verification is dispensed with. Respondent to file reply. Adjd. to 15/06/2018 for reply/hearing on Exh.3. Next Purpose: REPLY Next Hearing Date: 15-06-2018 Date: 15-06-2018 Business: Adv. Apurva Bhat for appellant present. Adv. Vyas with Adv. Divate for respondent present. At the request of Ld. Counsel for respondent, by way of last opportunity, adjd. to 20/07/2018 for reply. Copy be furnished to other side in advance. Earlier order to continue till next date. Next Purpose: REPLY Next Hearing Date: 20-07-2018 Date: 20-07-2018 Business: Adv. Apoorva Bhat for appellant present. Adv. Vyas with Adv. Divate for respondent present. At the request of Ld. Counsel for respondent, adjd. to 25/07/2018 for reply. Earlier order to continue till next date. Next Purpose: REJOINDER Next Hearing Date: 25-07-2018 Date: 25-07-2018 Business: Adv. Apoorva Bhat for appellant present. Adv. Yogita Lanjekar with Adv. Vyas and Adv. Divate for respondent present. Exh.3ARespondent files reply to Exh.3. By way of Exh.3, the appellant sought to amend the appeal memo in order to add some grounds of objections. Heard both sides. As per law, the appellant has to argue on the grounds raised in the appeal and with the leave of the Court, on the grounds not urged in the appeal. I do not find any impediment in allowing the application. Hence I pass the following order. O R D E R 1.Application Exh.3 is allowed in terms of prayer clause (a). 2.Amendment be carried out within a week. 3.Amended copy be served within a week thereafter. Adjd. to 07/08/2018 for compliance. Earlier order to continue till next date. Next Purpose: COMPLIANCE Next Hearing Date: 07-08-2018 Date: 07-08-2018 Business: Adv. Apurva Bhat for appellant present. Adv. A.V. Divate for respondent present. Adjd. to 14/09/2018 for hearing. Earlier order to continue till next date. Next Purpose: HEARING Next Hearing Date: 14-09-2018 Date: 14-09-2018 Business: Adv. Ms. Apurva Bhat for the appellant is present. Adv. Mr. Divate for respondent is present. Adv. for appellant filed application for leading additional evidence under Order 41 Rule 27 (a) and (aa) of Code of Civil Procedure - Exh. Resp. no.2 to serve copy of reply to other side in advance. Matter is adjourned to 28/09/2018 for reply and hearing. Next Purpose: REPLY Next Hearing Date: 28-09-2018 Date: 28-09-2018 Business: Adv. Apurva Bhat for appellant present. Adv. Y.V. Lanjekar with Adv. Vyas with Adv. Divate for respondent present. Ld. Counsel for appellant submits that Exh.4 be heard with final hearing. Adjd. to 19/10/2018 at 1.00 p.m. for hearing. Earlier order to continue till next date. Next Purpose: HEARING Next Hearing Date: 19-10-2018 Date: 19-10-2018 Business: Adv.Pai with Adv. Apurva Bhat for appellant present. Adv. Vyas with Adv. Divate for respondent present. Respondent files rejoinder. Appellant files common rejoinder. Adjd. to 19/11/2018 at 12.00 p.m. for hearing. Earlier order to continue till next date. Next Purpose: HEARING Next Hearing Date: 19-11-2018 Date: 19-11-2018 Business: Adv. R.V. Pai with Adv. A.R. Pai i/b Adv. Apurva Bhat for appellant present. Adv. Dharmesh Vyas with Adv. Diwate for respondent present. Appellant files common addl. affidavit. As the connected appeals are adjd. to 06/12/2018, adjd. to 06/12/2018 at 1.00 p.m. for hearing. Earlier order to continue till next date. Next Purpose: HEARING Next Hearing Date: 06-12-2018 Date: 06-12-2018 Business: Adv. Pai with Adv.Apurva Bhat for appellant present. Adv. Dharmesh Vyas with Adv. Y.V. Lanjekar with Adv. A.V. Diwate for respondent present. Since the connected matters are kept on 21/01/2019, adjd. to 21/01/2019 at 12.30 p.m. for hearing. Earlier order to continue till next date. Next Purpose: HEARING Next Hearing Date: 21-01-2019 Date: 21-01-2019 Business: Adv. Apoorva Bhat for the appellant present. Adv. Divate for the respondent/BMC present. Adjd to 04.02.2019 for further hearing. Earlier order to continue till next date. Next Purpose: HEARING Next Hearing Date: 04-02-2019 Date: 04-02-2019 Business: Adv. Apurva Bhat for appellant present. Adv. Y.V. Lanjekar with Adv. A.V. Diwate for respondent present. It is submitted that Senior Counsel for the appellant is not keeping well. Adjd. to 26/02/2019 at 12.30 p.m. for hearing. Earlier order to continue till next date. Next Purpose: HEARING Next Hearing Date: 26-02-2019 Date: 26-02-2019 Business: CORAM - HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE, SHRI S. A. QUAZI. Adv. Neuty Thakkar for appellant present. Adv. Som Sinha with Adv. Yogita Lanjekar with Adv. A.V. Diwate for respondent present. Adjd. to 28/03/2019 for hearing. Earlier order to continue till next date. Next Purpose: HEARING Next Hearing Date: 28-03-2019 Date: 28-03-2019 Business: Adv. R.V. Pai I/b Adv. Apurva M. Bhat and Ms. Neuty N. Thakkar for appellant present. Adv. A.V. Diwate for respondent present. On request of both the parties, Matter is adjd. to. 24.04.2019 for hearing. E.O. to continue till next date. Next Purpose: HEARING Next Hearing Date: 24-04-2019 Date: 24-04-2019 Business: Adv Pai a/w Adv. Nikita K. Dharamshi i/b for Appellant present. Adv. Som Singh, Adv. Lanjekar and Adv. Divate for the respondent /MCGM present. By consent and request of both the parties matter is adjd. to. 11/07/2019 for hearing. Earlier order to continue to till next date. Next Purpose: HEARING Next Hearing Date: 11-07-2019 Date: 11-07-2019 Business: None present for parties. Matter is adjd to. 30.08.2019 Next Purpose: HEARING Next Hearing Date: 30-08-2019 Date: 30-08-2019 Business: matter already adjd to 11-11-2019 Next Purpose: HEARING Next Hearing Date: 11-11-2019 Date: 11-11-2019 Business: Adv. Apurva Bhat for appellant present. Adv. Vyas @ Adv. Diwte and Adv. Som Shinha for respondent present. On oral request of adv of appellant last chance is granted for final arguments to 04/12/2019 E.O. if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 04-12-2019 Date: 04-12-2019 Business: Adv. A. R. Pai for appellant present. Adv. Dharmesh Vyas, Adv. Som Sinha, Adv. Amol Diwte and Adv. Yogita Lanjekar for respondent/MCGM present. As court is busy in other matters, adjd for final arguments to 22.01.2020. Earlier Order, if any, to continue till the next date. Next Purpose: ARGUMENTS Next Hearing Date: 22-01-2020 Date: 22-01-2020 Reason For Adjournment: National Lock Down Next Purpose: ARGUMENTS Next Hearing Date: 10-06-2020 Date: 10-06-2020 Reason For Adjournment: National Lock Down Next Purpose: ARGUMENTS Next Hearing Date: 21-07-2020 Date: 21-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ARGUMENTS Next Hearing Date: 06-08-2020 Date: 06-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ARGUMENTS Next Hearing Date: 24-08-2020 Date: 24-08-2020 Reason For Adjournment: National Lock Down Next Purpose: ARGUMENTS Next Hearing Date: 19-10-2020 Date: 19-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ARGUMENTS Next Hearing Date: 04-12-2020 Date: 04-12-2020 Reason For Adjournment: court time is over Next Purpose: ARGUMENTS Next Hearing Date: 08-01-2021 Date: 08-01-2021 Business: None present for appellant and R-1 to 3. Matter adjd for argument on 20/02/2021. Next Purpose: ARGUMENTS Next Hearing Date: 20-02-2021 Date: 20-02-2021 Business: None present for appellant and R-1 to 3. Matter adjd for argument on 05/03/2021. Next Purpose: HEARING Next Hearing Date: 05-03-2021 Date: 05-03-2021 Business: None present for applicant and respondent. Matter adjd for hearing on 19/03/2021. Next Purpose: HEARING Next Hearing Date: 19-03-2021 Date: 19-03-2021 Business: P. O. IS ON LEAVE Next Purpose: HEARING Next Hearing Date: 16-04-2021 Date: 16-04-2021 Business: Holiday declaired Bd. discharged Next Purpose: HEARING Next Hearing Date: 12-06-2021 Date: 12-06-2021 Business: Due to holiday this matter is adjourned. Next Purpose: HEARING Next Hearing Date: 02-07-2021 Date: 02-07-2021 Business: Due to COVID-19 pandemic. Next Purpose: HEARING Next Hearing Date: 30-07-2021 Date: 30-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 03-09-2021 Date: 03-09-2021 Business: None present for both the parties. Matter adjd for hearing to 08.10.2021. JUDGE Next Purpose: HEARING Next Hearing Date: 08-10-2021 Date: 08-10-2021 Business: None present for applicant. None present for respondent. Matter adjd for hearing to 29.11.2021. JUDGE Next Purpose: HEARING Next Hearing Date: 29-11-2021 Date: 29-11-2021 Business: Applicant and advocate are absent. Respondent absent. Matter adjd for hearing to 17.12.2021. JUDGE Next Purpose: HEARING Next Hearing Date: 17-12-2021 Date: 17-12-2021 Business: court is on leave. Next Purpose: HEARING Next Hearing Date: 12-01-2022 Date: 12-01-2022 Business: P. O. IS ON LEAVE. Next Purpose: HEARING Next Hearing Date: 09-02-2022 Date: 09-02-2022 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 15-02-2022 Date: 15-02-2022 Business: None present for applicant. Matter adjd for hearing to 10.03.2022. JUDGE Next Purpose: HEARING Next Hearing Date: 10-03-2022 Date: 10-03-2022 Business: Advocate for petitioner is absent. Matter adjd for hearing to 13.04.2022. JUDGE Next Purpose: HEARING Next Hearing Date: 13-04-2022 Date: 13-04-2022 Business: None present for applicant. None present for respondent. Matter adjd for hearing to 06.05.2022. JUDGE Next Purpose: HEARING Next Hearing Date: 06-05-2022 Date: 06-05-2022 Business: Advocate for applicant absent. None present for respondent. Matter adjd for hearing to 01.07.2022. Next Purpose: HEARING Next Hearing Date: 01-07-2022 Date: 01-07-2022 Business: Both parties and advocates are absent. Matter adjourned for hearing to 26.07.2022. JUDGE Next Purpose: HEARING Next Hearing Date: 26-07-2022 Date: 26-07-2022 Business: Advocate for appellant absent. Matter adjourned for hearing to 24.08.2022. JUDGE Next Purpose: HEARING Next Hearing Date: 24-08-2022 Date: 24-08-2022 Business: Court is vacant. Next Purpose: HEARING Next Hearing Date: 15-09-2022 Date: 15-09-2022 Business: Court is Vacant Next Purpose: HEARING Next Hearing Date: 21-10-2022 Date: 21-10-2022 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) (Matter received from Court Room No.17.) Appellant and advocate absent. Adv. Ruhi Hajare for respondent/BMC present. Adjourned on 21.11.2022 for Arguments. Next Purpose: ARGUMENTS Next Hearing Date: 21-11-2022 Date: 21-11-2022 Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE, SHRI. R. N. ROKADE (C.R. NO.54) (Matter pertains to C.R. No.19) Adv. Manasi Gupta for appellant is present. Adv. Ruhi Hajare for respondent/BMC is present. Smt. Pratibha Arvind Sankhe, Estate Officer - P to R Ward for BMC present. Matter are adjourned on 15.12.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 15-12-2022 Date: 15-12-2022 Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE, SHRI. R. N. ROKADE (C.R. NO.54) (Matter pertains to C.R. No.19) Adv. Amogh Khadye for appellant is present. Adv. Pratik Shetty h/f Adv. Som Sinha for respondent/BMC is present. Matter are adjourned on 23.01.2023 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 23-01-2023 Date: 23-01-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Akshay Pai a/w Adv. Manasi Gupta for appellants present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha a/w Adv. Gajanan Giri for respondent/BMC is present. Smt. Pratibha Sankhe, Estate Officer of P to R Ward for BMC present. Since connected group of matter is adjourned, this matter is also adjourned on 24.02.2023 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 24-02-2023 Date: 24-02-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Maansi Gupta i/b Adv. Apurva Bhatt and Adv. Siddhant Joshi for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Gajanan Giri for respondent/BMC present. Smt. Pratibha Sankhe, Estate Officer of P to R Ward for BMC present. Shri. Sachin Magare, Sub Engineer for BMC in Misc. Appeal No.62/21 to 89/21 is present. By consent matter is fixed for arguments positively on 23rd March. Adjourned on 23.03.2023 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 23-03-2023 Date: 23-03-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Amogh P. Khadye h/f Adv. Apurva Bhat and Adv. Neuty Thakkar for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Gajanan Giri for respondent is present. Smt. Pratibha Sankhe, Estate Officer P to R Ward for BMC present. Advocate for appellant submits that one group of 16 matters is pending before the Honble Supreme Court of India. In my view as I have already decided in other group matters the aspect of applicability and similarity of matter will have to be made out. Mere pendency of matter before Honble Supreme Court of India will not entitle that these matters should not be heard. Considering the same the request for adjournment on this ground is rejected. Kept back Later on Adv. Akshay Pai for appellant is present. Adv. Som Sinha a/w Adv. Gajanan Giri for respondent/BMC present. By consent date is fixed for final hearing. Adjourned on 18.04.2023 for Final Hearing. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 18-04-2023 Date: 18-04-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Aloukik Pai a/w Adv. Maansi Gupta for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha for respondent/BMC present. Smt. Pratibha Sankhe, Estate Officer, P to R Ward for BMC present. Adjourned on 08.06.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 08-06-2023 Date: 08-06-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Aloukik Pai a/w Adv. Maansi Gupta and Adv. Amogh Kadye for appellants present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Khandagale for respondent/BMC present. Smt. Pratibha Sankhe, Estate Officer, P to R Ward for BMC present. Adjourned on 12.06.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 12-06-2023 Date: 12-06-2023 Business: CORAM - HIS HONOUR THE 2nd ADDL. PRINCIPAL JUDGE, SHRI. R.N. ROKADE (C.R. NO.54) (Matter pertains to CR No.19.) Adv. Mansi Gupta for appellant present. Adv. Som Sinha, Adv. Khandagale, Adv. Prashant Pandit and Adv. Kamal Soni for respondent/BMC present. Smt. Pratibha Sankhe, Estate Officer, P to R Ward for BMC and Smt. Kavita J. Aware Estate Officer N ward present. Adjourned on 14.06.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 14-06-2023 Date: 14-06-2023 Business: CORAM - HIS HONOUR THE 2nd ADDL. PRINCIPAL JUDGE, SHRI. R. N. ROKADE (C.R. NO.54) (Matter pertains to CR No.19.) Adv. Maansi Gupta i/b Adv. Apurva Bhat for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Khandagale for respondent/BMC present. Smt. Kavita Aware, Estate Officer, N-Ward for BMC present. Presiding officer is on leave today, hence matter is adjourned on 23.06.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 23-06-2023 Date: 23-06-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Aloukik Pai a/w Adv. Maansi Gupta i/b Adv. Apurva Bhat for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Sunil Khandagale for respondent/BMC present. Smt. Kavita Aware, Estate Officer - N Ward for BMC present. Smt. Pratibha Sankhe, Estate Officer - P to R Ward for BMC present. Adjourned on 26.06.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 26-06-2023 Date: 26-06-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Aloukik Pai a/w Adv. Maansi Gupta i/b Adv. Apurva Bhat for appellant present. Adv. Som Sinha a/w Adv. Pratik Shetty, Adv. Sunil Khandagale and Adv. Mitesh Visaria h/f Ld. Counsel Mr. Dharmesh Vyas for respondent/BMC present. Smt. Kavita Aware, Estate Officer - N Ward for BMC present. Mr. Arun L.Naik, Estate Inspector, P/North Ward BMC present. Adjourned on 27.06.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 27-06-2023 Date: 27-06-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Aloukik Pai a/w Adv. Maansi Gupta for appellants present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Sunil Khandagale for respondent/BMC present. Mr. Arun Naik, Estate Inspector, P/North Ward for BMC present. Adjourned on 10.07.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 10-07-2023 Date: 10-07-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Atharva Sane h/f Adv. Aloukik Pai for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Sunil Khandagale for respondent/BMC is present. Mrs. Pratibha Sanke, Estate Officer, P to R Ward for BMC present. Mr. Arun Naik, Estate Inspector, P/North Ward for BMC present. Mr. Manish Cahure, Junior Engineer, Hydraulic Eng. Dept, Ghatkopar for BMC present. Adjourned 01.08.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 01-08-2023 Date: 01-08-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Aloukik Pai a/w Adv. Maansi Gupta for appellant present. Ld. counsel Shri. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Sunil Khandagale for respondent/BMC present. Shri. Shantaram Gosavi, Estate Officer (P to R Ward) a/w Shri. Arun Naik, Estate Inspector (P/North Ward) for BMC present. Advocate for appellant prays for time. Considering the difficulty matter is fixed for final arguments on 18th. No further time be given. Adjourned on 18.08.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 18-08-2023 Date: 18-08-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Rajendra Pai a/w Adv. Aloukik Pai, Adv. Akshay Pai, Adv. Maansi Gupta and Adv. Atharva Sane for appellant present. Ld. counsel Shri. Dharmesh Vyas a/w Adv. Sunil Khandagale for respondent/BMC present. Partly heard final argument of Adv. Pai for appellants. Adjourned on 29.08.2023 for Further Arguments of Appellant. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 29-08-2023 Date: 29-08-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Akshay Pai for appellant is present. Adv. Som Sinha a/w Adv. Khandagale for deft/MCGM is present. Mr. Shantaram Gosavi, Estate officer, P to R ward is present. Mr. Arun Naik, Estate Inspector, P North is present. Mr. Manish Chaure, Junior Engineer (Hydrolic Engineer Dept) Water Works is present. Matter is fixed for Arguments to 08/09/2023. Earlier order to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 08-09-2023 Date: 08-09-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Maansi Gupta a/w Adv. Atharva Sane for appellant present. Adv. Sunil Khandagale a/w Adv. Pratik Shetty h/f Adv. Som Sinha and Advocate h/f Ld. Counsel Shri. Dharmesh Vyas for respondent/BMC present. Mr. Manish Chaure, Officer for BMC present. By consent, fixed on 13.09.2023 for Arguments P/H. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 13-09-2023 Date: 13-09-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Akshay Pai a/w Adv. Atharva Sane for appellant present. Ld. counsel Shri. Dharmesh Vyas a/w Adv. Sunil Khandagale and Adv. Pratik Shetty h/f Adv. Som Sinha for respondent/BMC present. Counsel for appellant tenders adjournment application on medical ground of counsel of appellant. It is kept in Misc. Appeal No.23/18. Adjourned on 05.10.2023 for Further Arguments of Appellant. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 05-10-2023 Date: 05-10-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Ld. counsel Mr. Rajendra Pai a/w Adv. Aloukik Pai, Adv. Akshay Pai and Adv. Atharva Sane for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia, Adv. Sadaf Abidi h/f Adv. Som Sinha and Adv. Sunil Khandagale for respondent/BMC present. Partly heard further final arguments of Adv. Pai for appellant. Adjourned on 11.10.2023 for Further Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 11-10-2023 Date: 11-10-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Maansi Gupta for appellant present. Adv. Som Sinha a/w Sadaf Abidi and Adv. Sunil Khandagale for respondent/BMC present. At the request of advocate for appellant, matter is adjourned on 12.10.2023 for Further Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 12-10-2023 Date: 12-10-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Rajendra Pai a/w Adv. Atharva Sane and Adv. Akshay Pai for appellant present. Adv. Sunil Khandagale Adv. Mithesh h/f Ld. Counsel Shri. Vyas and Adv. Sadaf Abidi h/f Adv. Som Sinha for respondent/BMC present. Mr. Magare, S. E. Water Works Dept. for BMC present. Court busy in other judgment. Hence adjourned. Adjourned on 16.10.2023 for Further Arguments of Appellant. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 16-10-2023 Date: 16-10-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Rajendra Pai a/w Adv. Akshay Pai, Adv. Atharva Sane and Adv. Maansi Gupta for appellant present. Adv. Som Sinha a/w Adv. Sunil Khandagale and Adv. Mitesh h/f Ld. Counsel Mr. Dharmesh Vyas for respondent/BMC present. Partly heard further final arguments of Adv. Pai for appellants. Adjourned on 27.10.2023 at 02.45pm for Further Arguments of Appellant. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 27-10-2023 Date: 27-10-2023 Business: CORAM - HIS HONOUR THE 2nd ADDL. PRINCIPAL JUDGE, SHRI. R.N. ROKADE (C.R. NO.54) (Matter pertains to CR No.19.) Adv. Rajendra Pai a/w Adv. Maansi Gupta for appellant present. Ld. counsel Shri. Dharmesh Vyas a/w Adv. Sunil Khandagale for respondent/BMC present. Concerned court is on leave. Hence adjourned. Adjourned on 29.11.2023 at 11.00am for Further Arguments of Appellant. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 29-11-2023 Date: 29-11-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Maansi R. Gupta for appellant present and orally seeks for adjournment. Adv. Vyas along with Adv. Som Sinha, Adv. Sunil Khandagale for respondent present. Officer Magare, Sub Engineer. H.E department present. Officer Arun Naik, Estate Insp, P to R North present. Adv. for respondent objected for adjournment. Considering earlier instances that this Court was not available, granted as last chance. The Counsel for appellant to conclude arguments within one hour and the counsel for BMC assures to complete within next hour. Earlier order, if any, to continue till next date. Arguments to be concluded on 04.12.2023. Matter for further hearing of adv. for appelant to 04.12.2023. Next Purpose: ARGUMENT P.H. Next Hearing Date: 04-12-2023 Date: 04-12-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Maansi Gupta for appellant present. Ld. counsel Shri. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Sunil Khandagale for respondent/BMC present. Mr. Manish Chaure, Officer attached to BMC present. At the request of the advocate of the appellant matter is adjourned. Adjourned on 05.12.2023 for Further Arguments of Appellant. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 05-12-2023 Date: 05-12-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Rajendra Pai a/w Adv. Aloukik Pai, Adv. Maansi Gupta and Adv. Atharva Sane for appellants present. Adv. Som Sinha a/w Adv. Sunil Khandagale and Adv. Krisha Dedhia h/f Ld. Counsel Shri. Dharmesh Vyas for respondent/BMC present. Mr. Manish Chaure, officer attached to J. E. B. F. Hydraulic Dept. of BMC present. Heard further final arguments of Adv. Rajendra Pai for appellant. Arguments concluded. Adjourned on 14.12.2023 for arguments of respondents. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 14-12-2023 Date: 14-12-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Maansi Gupta for appellants present. Ld. counsel Shri. Dharmesh Vyas a/w Adv. Som Sinha, Adv. Sunil Khandagale and Adv. Krisha Dedhia for respondent/BMC present. Mr. Manish Chaure, JE, HE Dept. for BMC present. Written arguments filed in Misc. Appeal No.23/18, 99/18 and 62/21 be considered as arguments in these matters. Common arguments heard in these matters for respondents. Adv. Sunil Khandagale adopted arguments advanced by Ld. Counsel Shri. Vyas for respondent in Misc. Appeal No. 23/18, 99/18 and 62/21. Adjourned on 21.12.2023 Reply Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 21-12-2023 Date: 21-12-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Rajendra Pai a/w Adv. Akshay Pai and Adv. Maansi Gupta for appellant present. Ld. counsel Shri. Dharmesh Vyas a/w Adv. Som Sinha, Adv. Sunil Khandagale, Adv. Krisha Dedhia and Adv. Pratik Shetty for respondent/BMC present. Ld. Adv. Shri. Pai argued orally rejoinder and prays for short adjournment for giving note of rejoinder. Considering the issues involved, matter is adjourned 08th of January, 2024 for submissions of this note, Advance copy be supplied to other side. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 08-01-2024 Date: 08-01-2024 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Maansi Gupta for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha for respondent/BMC present. Shri. Shantaram Gosavi, Estate Officer P to R Ward a/w Adv. Shri. Arun Naik, Estate Inspector P/North Ward for BMC present. Adjourned on 20.01.2024 for Reply Arguments, if any. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 20-01-2024 Date: 20-01-2024 Business: CORAM - HIS HONOUR THE 2nd ADDL. PRINCIPAL JUDGE, SHRI. R.N. ROKADE (C.R. NO.54) (Matter pertains to CR No.19.) None present for appellant. Adv. Sadaf Abidi h/f Adv. Som Sinha for respondent/BMC present. Adjourned on 23.01.2024 for Reply Arguments, if any. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 23-01-2024 Date: 23-01-2024 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Shanmukh Puranik i/b Adv. Pai for appellant present. Adv. Som Sinha for respondent/BMC present. Adjourned on 29.01.2024 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 29-01-2024 Date: 29-01-2024 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) None present for appellant. Ld. counsel Shri. Dharmesh Vyas a/w Adv. Sunil Khandagale for respondent/BMC present. Mr. Manish Chaure, J. E. Hydraulic Dept. present. Adjourned on 30.01.2024 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 30-01-2024 Date: 30-01-2024 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Maansi Gupta for appellant present. Adv. Som Sinha for respondent present. Judgment is partly dictated. Adjourned 01.02.2024 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 01-02-2024 Date: 01-02-2024 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C. R. NO.19) Adv. Maansi Gupta for appellant present. Ld. counsel Shri. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Sunil Khandagale for respondent/BMC present. Judgment pronounced in open court. Exh. - Judgment. F.R.S.R. Following order is passed. ORDER 1. Misc. Appeal is dismissed. 2. Time is granted to the appellant/s to vacate the premises till 30/04/2024 subject to appellant/s filing an undertaking before this Court within 4 weeks from today that the appellant/s is/are in physical occupation of the premises and that appellant/s will not create any third party interest in the said property and further appellant/s will honour the order of the learned Enquiry Officer on its attaining finality. 3. If the above undertaking is/are not filed within the stipulated period, the execution can be proceeded with. 4. Record and proceedings be returned to the Respondent No.1/BMC. 5. Application under Order XLI Rule 27 of CPC is rejected. 6. All Misc applications stand filed in view of disposal of appeals. Nature Of Disposal: DISMISSED Disposal Date: 01-02-2024
Additional Case Details
Additional Case Details
Filing Number: 102401/2018 Filing Date: 13-02-2018 First Hearing Date: 15th February 2018 Decision Date: 01st February 2024 Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
Orders
2Final Order 1Full order available
01 Feb 2024
Order 1Full order available
01 Feb 2024
Order Details: Copy of Judgment Pdf Text: ... 1 ... MHCC010022922018 Presented on : 13.02.2018 Registered on : 14.02.2018 Decided on : 01.02.2024 Duration : 05 11 19 Years Months Days Exh... IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISCELLANEOUS APPEAL NO. 42 OF 2018 (CNR NO. MHCC010022922018) Shri. Sanjay Chandrakant Dhanawade Heir and L.R of Smt. Draupadi T. Dhanawade Age 50 years Room No.6, Chawl No. B/6, Shraddha CHSL, Mithanagar BMC Colony, Goregaon (West), Mumbai…
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