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MISC APPEAL

Smt. Pratibha Sanjay LavangareVsMCGM +2 more

CNR MHCC01003814201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 14th August 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100111/2019
Registration Date
04 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 105B

    Case History / Proceedings

    Case History
    Date: 05-04-2019
    Business: Adv. for appellant present and has filed stay application t.o.r
    Adv. A.V. Diwate for respondent present.
    As court is busy in order matters, Matter is adjd. to. 08.04.2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Adv. A.R. Pai for appellant present.
    Adv.Som Sinha a/w Adv.AV. Diwate for respondent/BMC present.
    Heard the Ld. adv. for appellant as well as Ld. adv. for respondent on stay application.
              ORDER ON STAY APPLICATION EXH.2
                Heard the Ld. adv. for appellant as well as Ld. adv. for respondents on stay application Exh.2. The Ld. adv. for appellant submits that the application of the appellant to summon the witnesses to prove certain documents has been rejected by the Inquiry Officer the impugned by order dtd. 29.03.2019. It is submitted that this inquiry is being conducted along with other inquiries including inquiry No.PN/02/Estate Office of 2017. Those other inquiries have been stayed by this court in the appeals filed against order of rejection of applications, similar to the application filed in the instant case before the Inquiry Officer. Therefore, it is requested that the inquiry before the Inquiry Officer be stayed till decision in the instant appeal as by the impugned order the right of the Appellant to adduce further evidence has been violated. The Ld. adv. for respondents has strongly opposed the stay application on the ground that there is no parity between the instant appeal and the other appeals referred to above. In the instant case the application of the appellant for issuing summons to the witnesses came to be rejected at the stage when evidence of both the parties was closed. He has also submitted that the documents, sought to be proved by examining the witnesses to be summoned, have already been exhibited in the inquiry and therefore examination of those witnesses is not necessary. He has also submitted that the Hon\''ble High Court in W.P. No.957/13 has rejected the claim of the applicants to retain the occupation over the premises in question considering all the aforesaid documents. He has also submitted that today the matter has been heard by the Learned Inquiry officer and it is reserved for order by recording that the appellant has not advance any argument. The Ld. adv. for appellant submits that his junior advocate was present but she was not allowed to address the inquiry officer. The Ld. adv. for respondents submits that it is not that she is not allowed but she did not begin with her argument and in these circumstances, the Iniquity Officer reserved the matter passing order.
           On examination of the aforesaid submissions of the parties what I find is that no harm would be caused to the respondents, if the further inquiry is stayed before the Inquiry Officer considering that the appellant wants to contend that the important witness have been prevented to be examined in the course of the inquiry. Moreover the inquiries which are conducted by the inquiry officer along with this inquiry have already been stayed in the other connected appeals including appeal No.260/18 etc. In view of this it is directed that the further inquiry before the inquiry officer shall stand stayed till next date and it is directed that the inquiry officer shall not pass any final order in the inquiry till next date. the Matter is adjd. to. 24.04.2019 for hearing
    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: Court is on leave
    Next Purpose: HEARING
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Ms. Apurva M. Bhat for Appellants present.
    Adv. Mr. Dharmesh Vyas @ Mr. Som Sinha @ Amol Diwate @ Divya Vishwanath Lanjekar for Respondent/MMC present.
    Earlier order, if any, to continue till the next date.
    Matter adj. to 11/10/2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    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: HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv. Akshay R. Pai i/b Adv. Neuty N. Thakkar for appellant is present.
    Adv. Dharmesh Vyas a/w Adv. Som Sinha, Adv. Amol Dwitey and Adv. Yogita Lanzekar for respondent/MCGM present.
    By consent, adjourned to 28.02.2020 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Adv. Neuty Thakker for appellant is present.
    Ld. Counsel Dharmesh Vyas a/w Adv. Sam Sinha, Adv. Lanjekar and Adv. A. V. Diwate for respondent present.
    As connected appeals are adjourned to 06.03.2020, hence adjourned to 06.03.2020 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Neuty Thakker for appellant is present.
    Ld. Counsel Dharmesh Vyas a/w Adv. Sam Sinha, Adv. Lanjekar and Adv. A. V. Diwate for respondent present.
    As connected Misc Appeals are adjourned to 13.03.2020, hence adjourned to 13.03.2020 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Adv. Neuty Thakker for appellant is present.
    Ld. Counsel Dharmesh Vyas a/w Adv. Sam Sinha, Adv. Lanjekar and Adv. A. V. Diwate for respondent present.
    As connected Misc Appeals are adjourned to 20.03.2020, hence adjourned to 20.03.2020 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: Adv. Akshay R. Pai I/b Adv. Neuty Thakkar for appellant present.
    Adv. Y. V. Lanjekar with Adv. A. V. Diwate for respondent/BMC present.
    Both sides advocates submitted that both the Counsel unable to attend the court due to outburst of Covid -19.
    Due to outburst of Covid -19 there is direction from the Honble High Court to take urgent matters like bail, remand work, interim injunction and stay application, hence by consent matters are adjd. to 03.04.2020 for further hearing of respondent.
    Earlier order if any to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 10-07-2020
    
    Date: 10-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: Both sides absent.
    Due to COVID-19, adjourned to 03.11.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: None present for appellant.
    Adv. A.V. Diwate for respondents/MCGM present.Appellant to argue the matters either personally or on video conference on next date positively.
    Adjourned to 07.12.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Adv. Apurva Bhat for appellant present.
    Adv. A. V. Diwate for respondent/BMC present.
    Both side submits that the group of matters would be positively argued on next date. Hence adjourned to 17.12.2020 for hearing at 11.00 am.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Adv. Nikita Dharamshi i/b Adv. Apurva Bhat for appellant present.
    Ld. Counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Yogita Lanjekar for respondent/BMC present.
    As court is busy in dictating judgment, hence matter is adjourned to 15.01.2021 for Hearing at 12.00 noon.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Ld. Counsel Mr. Rajendra Pai a/w Adv. Akshay Pai and Adv. Nikita Dharamshi i/b Adv. Apurva Bhat for appellant present.
    Ld. Counsel Mr. Dharmesh Vyas a/w Adv. Yogita Lanjekar, Adv. A. V. Diwate and Adv. Sam Sinha for respondent/BMC present.
    Adjourned to 05.02.2021 at 12.00 noon for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Apurva Bhat for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Yogita Lanjekar, Adv. A. V. Diwate and Adv. Sam Sinha for respondent present.
    It is stated that advocate for appellant Mr.Pai is not keeping well, as such by way of last opportunity, matter adjourned to 25.02.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Ld. counsel Mr. Rajendra Pai a/w Adv. Akshay Pai, Adv. Apurva Bhat and Adv. Nikita Dharamshi for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Yogita Lanjekar for respondent/BMC present.
    Heard final arguments of Ld. counsel Mr. Rajendra Pai for appellants substantially.
    Adjourned to 11.03.2021 at 12.00 noon for further arguments of Ld. counsel for appellant.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Ld. counsel Mr. Rajendra Pai a/w Adv. Akshay Pai and Adv. Apurva Bhat for appellants present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Sam Sinha for respondents/BMC present.
    Heard further arguments of Ld. counsel Mr. Rajendra Pai for appellants.
    Adjourned to 07.04.2021 for final arguments of Ld. counsel for respondents.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Adv. Apurva Bhat for appellant is present.
    Ld. counsel Mr. Dhamresh Vyas a/w Adv. A. V. Diwate and Adv. Som Sinha for respondent/BMC present.
    It is submitted that Ld. counsel Mr. Rajendra Pai for appellant is not feeling well and seeks adjournment.
    Adjourned to 28.04.2021 for final arguments of Ld. counsel for respondents.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: None present for appellant.
    None present for respondent.
    Due to COVID-19, matter adjourned to 14.06.2021 for final arguments of Ld. Counsel for respondents.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: None present for appellant.
    Adv. A. V. Diwate for respondent/BMC is present.
    Due to Covid-19, matter adjourned to 30.06.2021 for Arguments P/H.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: None present for appellant.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. R. M. Hazare for respondent/BMC present.
    Adjourned to 19.07.2021 for final arguments of Ld. counsel for respondent on VC.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Adv. Mr. A.S. Raje i/b Adv. Ms. Apurva Bhat for the appellant present.
    Adv. Mr. Dharmesh Vyas @ Adv. Ms. Ruhi Hazare for the respondent present.
    Earlier order if any, to continue till next date.
    Due to COVID -19, adjourned to  09.08.2021 for final arguments of Ld. Counsel for respondent.
     Adv. Mr. A.S. Raje i/b Adv. Ms. Apurva Bhat for the appellant present.
    Adv. Mr. Dharmesh Vyas @ Adv. Ms. Ruhi Hazare for the respondent present.
    Earlier order if any, to continue till next date.
    Due to COVID -19, adjourned to  09.08.2021 for final arguments of Ld. Counsel for respondent.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Ld. counsel Mr. Rajendra Pai i/b Adv. Apurva Bhat for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. R. M. Hajare for respondent/BMC present.
    By consent, adjourned to 23.08.2021 for further Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Adv. Apurva Bhat for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare and Adv. Som Sinha for respondent/BMC present.
    At the request of advocate for appellant, by way of last opportunity adjourned to 06.09.2021 for further Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Adv. Aloukik Pai a/w Adv. Apurva Bhat for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajre and Adv. Som Sinha for respondent/BMC present.
    Ld. counsel for appellant intends to file an application for amendment.
    Copy be served in advance to other side so that the appeal can be decided on next date.
    Adjourned to 29.09.2021 for Further Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. Aloukik Pai a/w Adv. Apurva Bhat for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajre and Adv. Som Sinha for respondent/BMC present.
    Mr. Rajaram Kashte, Senior Estate Inspector, Ward-P to R for respondent/BMC is present.
    Mr. Arun Naik, Senior Estate Inspector, Ward-P/North for respondent/BMC is present.
    Appellant files draft chamber summons for amendment. TOR.
    Heard both sides on application.
    F.R.S.R. Following order is passed.
    ORDER
    1. Unregistered Chamber Summons is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.500/- to be deposited within one week to the DLSA.
    2. Amendment be carried out within stipulated period.
    3. Unregistered Chamber Summons be registered for statistical purpose.
    Adjourned to 08.10.2021 for Compliance and Arguments P/H.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. Aloukik Pai a/w Adv. Apurva Bhat for appellant is present.
    Ld. counsle Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Ruhi Hajare for respondent present.
    It is submitted that amendments have not been carried out in some of the matter, as such adjourned to 22.10.2021 for Arguments P/H.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv. Aloukik Pai a/w Adv. Apurva Bhat for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Ruhi Hajare for respondent/BMC present.
    Parties to address on maintainability of appeal u/s.105-F of MMC Act the impugned order being interlocutory order.
    Adjourned to 17.11.2021 for Further Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Ld counsel Mr. Aloukik Pai a/w Adv. Apurva Bhat for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Ruhi Hajare for respondent present.
    Heard Ld. counsel for appellant.
    Adjourned to 24.11.2021 for Arguments of Respondent.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Ld. counsel Mr. Aloukik Pai for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare and Adv. Som Sinha for respondent/BMC is present.
    Smt. Pratibha Sankhe, Estate Officer P to R-Ward a/w Smt. Kavita Aware, Estate Officer N-Ward and Shri. Santosh Shinde, Estate Inspector for respondent/BMC is present.
    By consent, adjourned to 10.12.2021 for Arguments P/H.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv. Siddhant Joshi for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare and Adv. Som Sinha for respondent/BMC is present.
    Mrs. Pratibha Arvind Sankhe, Estate Officer P to R-Ward for respondent/BMC is present.
    Adjourned to 10.01.2022 for Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Manasi R. Gupta for appellant is present.
    Adv. Krisha Dedhia h/f Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha for respondent/BMC is present.
    Mrs. Pratibha Sankhe, Estate Officer P to R-Ward for respondent/BMC is present.
    Adjourned to 15.02.2022 for Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Siddhant Joshi for appellant is present.
    Adv. Som Sinha a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Mrs. Pratibha Sankhe, Estate Officer P to R Ward a/w Mrs. Kavita Aware and Mr. Santosh Shinde, Estate Inspectors for respondent/BMC is present.
    Adjourned on 10.03.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Aloukik Pai a/w Adv. Siddhant Joshi for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Mrs. Pratibha Sankhe, Estate Officer P to R Ward and Mr. Kiran J. Patil, Estate Inspector D-Ward a/w Mr. Dr. Ajay Shinde and Mr. Sachin Magare (Sub Engineer), for respondent/BMC is present.
    Adjourned on 12.04.2022 for Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Aloukik Pai a/w Adv. Akshay Pai for appellant is present.
    Adv. Ruhi Hajare a/w Adv. Som Sinha for respondent/BMC is present.
    Smt. Pratibha Sankhe, Estate Officer P to R Ward for BMC is present.
    Mr. Sachin Magare, Sub Engineer for BMC is present.
    Adjourned on 02.05.2022 for Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Siddhant Joshi for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Smt. Pratibha Arvind Sankhe, Estate Officer P to R - Ward for BMC is present.
    Mr. Sachin S. Magare, Sub Engineer in Misc Appeal No.80/21 to 89/21 for BMC is present.
    Adjourned on 22.06.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: CORAM - HIS HONOUR ADDITIONAL SESSIONS JUDGE,
    SHRI. R. N. ROKADE (C.R. No.54)
    (Matter pertains to C.R. No.19)
    Adv. Maansi Gupta for appellant present.
    Adv. Krisha Dedhia i/b Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Smt. Pratibha Arvind Sankhe, Estate Officer P to R - Ward for BMC is present.
    Mr. Sachin S. Magare Sub Engineer (MCGM) present.
    Adjourned on 20.07.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Adv. Siddhant Joshi a/w Adv. Maansi Gupta for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia, Adv. Som Sinha and Adv. Ruhi Hajare for respondent/BMC present.
    Mrs. Pratibha Arvind Sankhe, Estate Officer, P to R Ward a/w Mrs. Kavita J. Aware, Estate Officer, N-Ward for BMC present.
    Adjourned on 18.08.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Adv. Maansi Gupta for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Vidya Vyavhare and Adv. Som Sinha for respondent/BMC present.
    Mrs. Pratibha Arvind Sankhe, Estate Officer, P to R Ward for BMC present.
    KB
    L.O. at 01.00pm
    Adv. Aloukik Pai a/w Adv. Maansi Gupta for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Vidya Vyavhare and Adv. Som Sinha for respondent/BMC present.
    Partly heard final arguments of Adv. Pai for appellants.
    Adjourned on 25.08.2022 for further Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Adv. Aloukik Pai a/w Adv. Akshay Pai for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha, Adv. Vidya Vyavhare and Adv. Krisha Dedhia for respondent/BMC present.
    Mrs. Pratibha Arvind Sankhe, Estate Officer, P to R Ward for BMC present.
    Adjourned on 10.10.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    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. Som Sinha a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Smt. Pratibha Arvind Sankhe, Estate Officer - P to R Ward for BMC present.
    At the request of appellant, matter is adjourned on 21.11.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    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: HEARING
    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: HEARING
    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.
    In view of submissions that one of the related issue is coming up before the Honble Supreme Court of India, in second week of February, matter is adjourned on 24.02.2023 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    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.
    Adv. Som Sinha a/w 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.
    Heard both the sides.
    Adjourned on 08.08.2023 for Judgment.
    Earlier order, if any, to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    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 Adv. Sunil Khandagale for respondent/BMC present.
    Adjourned on 14.08.2023 at 03.00pm for Judgment.
    Earlier order, if any, to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Appellant and advocate absent.
    Adv. Pratik Shetty h/f Adv. Som Sinha a/w Adv. Sunil Khandagale for respondent/BMC present.
    Judgment is pronounced in open court.
    Exh.   - Judgment.
    F.R.S.R. Following order is passed.
    ORDER
    1. Misc. Appeal No.111 of 2019 is dismissed as not maintainable.
    2. The Competent Authority to proceed with the proceedings after four weeks after receipt of this order.
    3. Inform the concerned Competent Authority.
    Nature Of Disposal: DISMISSED
    Disposal Date: 14-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104153/2019
    Filing Date: 04-04-2019
    First Hearing Date: 05th April 2019
    Decision Date: 14th August 2023
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    1
    Final Order 1Full order available
    14 Aug 2023

    Order Details: Copy of Judgment Pdf Text: MHCC010038142019 Received on :: 04.04.2019 Registered on :: 04.04.2019 Decided on :: 14.08.2019 Duration :: Y-04:M-04:D-10: Exhibit :: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO. 111 OF 2019 Smt. Pratibha Sanjay Lavangare, Age : 41 years, C.A. of Smt.Leela Narayan Lavangare, Room No.1303, Gate No.6, Malvani Municipal Colony, Malad(W), Mumbai – 400 095. ... Appellant Versus 1. Municipal Corporation of Gr.Mumbai (Through the Municipal Commissioner), Mahanagar…

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