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MISC APPLICATION

Shri. Himanshu Rungta and Ors (Misc.Appeal St. No. 5264/VsThe Government of India +1 more

CNR MHCC0100474020194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 10th June 2019

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100049/2019
Registration Date
02 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Shri. Himanshu Rungta and Ors (Misc.Appeal St. No. 5264/

    Respondent

    1. 1The Government of India
    2. 2The Estate Officer

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-05-2019
Business: Adv of appellant present and has filed stay application and affidavit of service. Affidavit of service shows that the respondent no. 1 and 2 have been served notice to appear before this court today for hearing on ad-interim relief.
Adv. of respondents absent.
Order on Stay application
Heard the adv of appellant. The respondent has been served with the notice but, has to failed to appear. Ld. Adv. of the appellant to submits that the public premises (eviction of unauthorized occupants) itself is not applicable to the fact of the instant case. Considering that the appellant possession over the suit premises is since prior to 1958 as well as 1967 when the respondent acquired the property. Considering theses grounds having been raised in the appeal, I think ad-interim stay may be granted at least till next date with a condition that appellant shall deposit 25 persent of the amount  of the damages  directed to be paid by him as per the impugned order, with the respondent on or before 10th June, 2019. Notice be served on the respondent in respect of condontion of delay application and the stay application.
Matter is adjd. to. 10.06.19 for report of service.
Next Purpose: SERVICE
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: Adv. for applicant absent.
Adv. for respondent present.
KB
Later On. At 03.50 pm.
Adv. for applicant present.
Adv. for respondent present.
Heard the parties on the application for condonation of delay. Considering the explanation given for the delay in the application and considering that the delay is not in ordinate, the delay of 8 days is condoned. The appeal be registered, if there is no office objection. Interim relief granted earlier is continued till further order on the appeal memo after registration there of. In these terms MA No. 49/19 stands disposed of. Appellant to get appeal registered before 02/07/2019. Put of the matter 02 July after registration the appeal for R and P and hearing.
Nature Of Disposal: DISMISSED
Disposal Date: 10-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105265/2019
Filing Date: 30-04-2019
First Hearing Date: 02nd May 2019
Decision Date: 10th June 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Jun 2019
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE
Case No. :MISC APPLICATION/0100049/2019
Shri. Himanshu Rungta and Ors (Misc.Appeal St. No. 5264/19) Vs The Government of India
Date : 10-06-2019
Business : Adv. for applicant absent. Adv. for respondent present. KB
Later On. At 03.50 pm. Adv. for applicant present. Adv. for
respondent present. Heard the parties on the application for
condonation of delay. Considering the explanation given for
the delay in the application and considering that the delay is
not in ordinate, the delay of 8 days is condoned. The appeal
be registered, if there is no office objection. Interim relief
granted earlier is continued till further order on the appeal
memo after registration there of. In these terms MA No.
49/19 stands disposed of. Appellant to get appeal registered
before 02/07/2019. Put of the matter 02 July after
registration the appeal for R and P and hearing.
Nature of Disposal : DISMISSED
Disposal Date : 10-06-2019
COURT 4 ADDL SESSIONS JUDGE
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