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NOTICE OF MOTION

Shree Rajendra Mohanlal JaiswalVsSmt. Jayvanti Ramesh Patil +2 more

CNR MHCC0100482320189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 24th June 2026

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101549/2018
Registration Date
12 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-08-2018
    
    Date: 23-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2018
    
    Date: 23-08-2018
    Business: adj to 23/10/2018
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Business: Adv. Ms. Neha Chajalane for Plaintiff present.
    Adv. Mr. Mahesh Kadam for Defendant No. 1 present.
    Matter adj. to 18/12/2018 for NM Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: As the court is busy in other matters on board. Hence, board is discharged.
    Matter is adjd. to 9.09.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Adv. Thorat  for the Plaintiff present.
    Adv. Ms. Annpurna Ranawat for Defendant-2present.
    Adv Ms. Pallavi for Defendant no. 4 present.
    Affidavit in reply to N/M 1549/18 tendered by Defendant no. 2. t.o.r.
    Affidavit in reply to Ch/s no. 183/19 tendered by Defendant no. 2. t.o.r.
    Reply to application exh. 10 tendered by Defendant no. 2.t .o.r.
    Already exh. 10 application has been disposed of 19.03.2019
    Affidavit of service of corrected plaint to Defendant no. 2 and 4 tendered by the Plaintiff. t.o.r.
    Matter is adjd. to 5.12.2019 for reply to Ch/s by Defendant nos. 1 and 3/nm hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Business: Adv. Thorat for the Plaintiff is present.
    Adv. Virendra Pande for Defendant no. 2 is present.
    Adv. Rakhi Tawde for defendant no. 4 is  present.
    Defendant no. 1 and 3 failed to file reply to Ch/S No. 183/19. Therefore no  reply order  is passed against defendant no. 1 and 3.
    Matter is adjd. for  Ch/S and NM hearing to 07/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Sandeep Thorat for plaintiff is present. He seeks time for Ch/s hearing. O granted.
    Adv.  Samual for defendant no. 2 is present.
    Adv. Rajiv Mathkar  for defendant no. 4 is present.
    Adv. Chandramore for defendant no. 3 is present.
    Matter is adjd.  for Ch/s and N/M hearing to 23/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for the plaintiff
    Adv Trivedi present for the defendant.
    Matter is adjd. to 05.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: Due to COVID-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Adv Trivedi present for the defendant.
    Matter is adjd. to 15.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 21.03.2022 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: None present for plaintiff
    Adv. Bhandari h/f Adv. Trivedi for SRA present.
    LO at 3.05 PM
    Adv. Chitra Gurade for plaintiff present.
    Matter is adjd. to 13-07-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv.Ankita Manjarekar for defendant no. 4 present.
    In this matter ch/s and NM is pending for hearing since long.
    None present for plaintiff, therefore plaintiff is directed to remain present for hearing on the next date. If fail to attend an hearing ch/s and NM both will be dismissed on the next date.
    Matter is adjd. to 05.09.2022 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Sandip Thorat for plaintiff present.
    Deft.No. 1 and her Adv. Mahesh Kadam present.
    Adv. Chandramore for defendant/BMC present.
    Adv. Trivedi for Deft.No.2/SRA present.
    By the consent of plaintiff and deft.no. 1 adv. matter is adj. for hearing.
    Matter is adjd. to 11.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv. Sandeep Thorat for plaintiff present.
    Adv. Ankita Manjarekar for defendant No. 4 present.
    Adv. Bhandari h/f Adv. Trivedi for deft./SRA present.
    Court is busy in dictating order in NM No. 1686/2019 and NM No. 4498/17 in Suit No. 287/2017. Hence, Board is discharged.
    Matter is adjd. to 12.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: As Court is busy in hearing 40 years old matter i.e in Suit No. 6910/1978 and dictating judgment in Suit no. 650/2018. Hence, board is discharged. Matter is adjourned to 31.01.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: Adv. Mr. Sandeep Thorat for the plaintiff is present.
    Adv. Ms. Mourya h/f Adv. Kadam for defendant No. 1 is present and submitted her senior advocate is not available for hearing and seeking time. Time is granted.
    Adv. Mr. Trivedi for defendant No.2/SRA is present.
    Adv. Ms. Chandramore for defendant No. 3 is present.
    Adv. Ms. Purva Pendeurkar for defendant No.4 is present.
    Matter is adjourned to 21.03.2023 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Adv. Sandip Thorat for plaintiff present.
    Adv. Mr. Trivedi for Defendant No.2/SRA present
    Adv. Chandramore for defendant No.3/BMC present.
    Adv. Sayali Patil for defendant No.4 present.
    Matter is adjourned to 20.06.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: Adv. Mr. Sandeep Thorat for the plaintiff is present.
    Adv. Ms. Soumya Mourya for defendant No. 1 is present.
    Adv. Mr. Trivedi for defendant No.2/SRA is present.
    Adv. Ms. Chandramore for defendant No.3/MCGM is present.
    Adv. for defendant No. 1 filed VP on behalf of defendant No. 1. TOR. It is marked at Exh. 10. O- Filed. She also filed affidavit in reply in NM No. 1549/2018. Copy is supplied to the other side.
    Adjourned for NM hearing to 08.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: Adv. Mr. Sandeep Thorat for the plaintiff is present.
    Adv. Ms. Somya Mourya for defendant No. 1 is present.
    Adv. Mr. Trivedi for defendant No.2/SRA is present.
    Adv. Ms. Chandramore for defendant No.3/BMC is present.
    None present for defendant No. 4.
    Adv. for the defendant No. 1 submits that today, her senior is out of station and prayed for adjournment. Time is granted.
    Matter is adjourned to 11.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv. Mr. Sandip Thorat for the plaintiff is present.
    Adv. Mr. Mahesh Kadam for defendant No. 1 is present.
    Adv. Mr. Trivedi for defendant No.2 /SRA is present.
    Adv. Ms. Chandramore for defendant No.3 /BMC is present.
    Adv. Rajiv Matkar for defendant No.4  is present.
    Adv. for defendant No. 1 filed list of documents. TOR. It is marked at Exh. 12. Copy is supplied to the other side.
    Matter is adjourned to 21.11.2023 for NM hearing/Ch/s hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Adv. Mr. Sandip Thorat for the plaintiff is present.
    Adv. Mr. Mahesh Kadam for defendant No.1 is present.
    Adv. Mr. Trivedi for defendant No.2/SRA is present.
    Adv. Ms. Chandramore for defendant No.3/BMC is present.
    Adv. Ms. Purva Pendurkar h/f Adv. Matkar for defendant No. 4 is present.
    Adv. for defendant No. 1 seeks time to file reply to Ch/s. Time is granted.
    Matter is adjourned to 23.01.2024 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Adv. Mr.Sandep Thorat for the plaintiff is present.
    Adv. Ms.Soumya Marya for defendant no.1 is present.
    adV. Mr.Trivedi for defendant/SRA is present.
    Adv. Mrs.Chandramore for defendant no.3/BMC is present.
    Adv. Chinmai Parvate h/f Adv. Matakar for defendant no.4 is present.
    Matter is adjourned to 12.03.2024 for steps of defendant no.1.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: Defendant no.1 is present.
    Adv.Mr.Trivedi for defendant no.2/SRA is present.
    Matter is adjourned to 18.06.2024 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-06-2024
    
    Date: 18-06-2024
    Business: As the Court is on leave. Hence, board is discharged and the matter is adjourned to
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-08-2024
    
    Date: 05-08-2024
    Business: Adv. Mr. Sandeep Thorat for  plaintiff present..
    Advocate Mahesh Kadam for defendant no. 2 present.
    Advocate Mayuri Mangeshkar h/f. Advocate Rajiv Matkar for defendant no. 4 present.
    Advocate Trivedi  for defendant/SRA present.
    Advocate Rahul Rathod for defendant no. 3/BMC present.
    defendant no. 1 appeared and filed reply to CS. But, there is already no reply order. Therefore defendant no. 1 to take steps till next date.
    Matter is adjourned to 08/10/2024 for CS/NM hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: None present for plaintiff.
    Advocate  for defendant no. 1 present.
    Advocate Rahul Rathod for defendant/BMC present.
    Advocate Trivedi for defendant no. 2/SRA present.
    Matter is adjourned for NM reply to 10/12/24.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Business: Adv. Sandeep Thorat h/f Adv. Vilas Mali present for plaintiff.
    Advocate Trivedi for defendant no. 2/SRA present.
    None present for other defendants.
    Defendant no. 1 has not taken steps.
    Matter is adjourned for CS hearing to 04/02/25
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-02-2025
    
    Date: 04-02-2025
    Business: None present for plaintiff.
    Advocate Trivedi for defendant no. 2/SRA present.
    Advocate Rahul Rathod for defendant no. 3/BMC present.
    Plaintiff to remain present on the next date without fail.
    Matter is adjourned for CS hearing/necessary order to 24/03/25.
    Later on at 04.13 pm.
    Defendant no. 1 present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    Business: Adv. Sandeep Thorat present for plaintiff.
    Advocate  for defendant no. 1 present.
    Advocate Trivedi for defendant no. 2/SRA present.
    Advocate Rahul Rathod for defendant no. 3/BMC present.
    Adv. Urmi Jadeja for deft. no. 4 present.
    Adv. For deft. no. 1 and tendered draft notice of motion for setting aside no reply order alongwith affidavit in support of same. T.o.r.
    O- leave granted to register.
    Draft NM alongiwth affidavit returned to the deft. no. 1 for registration purpose.
    Copy served to the plaintiff.
    He also filed reply to CS 183/19.
    Copy served to the plaintiff.
    Matter is adjourned for NM reply to 03/05/25.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-05-2025
    
    Date: 03-05-2025
    Business: As the Court is on leave.  Board is discharged and matter stands adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2025
    
    Date: 17-06-2025
    Business: Adv Sandeep present for plaintiff.
    Adv. Mahesh Kadam present for defendant no. 1 and he tendered original NM no. 2252/25 alongiwth affidavit in support of samet.o.r..
    Adv. Trivedi for deft. no. 2 present.
    Adv. Rahul Rathod for deft. no. 3 present.
    Matter is adjourned to 29/07/25 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2025
    
    Date: 29-07-2025
    Business: Adv. Thorat present for plaintiff and he filed reply to NM no. 2252/25.
    Advocate Saumya for defendant no. 1 present.
    Advocate Trivedi for defendant no. 2/SRA present.
    Matter is adjourned to 09/09/25 for NM hearing.  (Afternoon session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2025
    
    Date: 09-09-2025
    Business: Adv. Saumya Maurya present for plaintiff and requested for time.
    Adv. Trivedi present for defendant no.2/SRA.
    Adv. S. V. Thorat for defendant no.4 present.
    Matter is adjourned to 03.11.2025 for NM reply rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2025
    
    Date: 03-11-2025
    Business: Adv.  present for plaintiff.
    Adv. Soumya Maurya present for defendant no.1.
    Adv. Trivedi for defendant no.2/SRA present.
    Adv. Rahul Rathod for defendant/BMC present.
    Due to paucity of time, Matter is adjourned to 09.12.2025 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2025
    
    Date: 09-12-2025
    Business: Adv. Sandeep Thorat for plaintiff present.
    Adv. Soumya Maurya for defendant no.1 present.
    Adv. Gopichand Jawale h/f Adv. Rahul Rathod for defendant/BMC present.
    Advocate present for deft. no.2.
    Order passed below NM 2252/2025
    Heard advocate for defendant filed NM 2252/2025 to set aside the order dated 05.12.2020 and allow defedant to file reply on the CH/S 183/2019.  It is submitted that the defendant no.1 is illtirate lady was not aware about the procedure therefore she was not able to get proper guideance and order was passed to proceed without reply.  It is contended defendant no.1 to ready the confess the matter and the matter is set aside.
    Advocate for plaintiff strongly opposed the NM on ground of sufficient grounds are not made out.  Defendant No.1 properly served and despite the knowledge of CH/s.  No steps were taken to file reply.  It is further pointed out that CH/s is the year 2019 and order was passed on 05.12.2020 and NM is taken out in the year 2025.  Therefore, prayed to reject the NM.  I have gone through the NM and reasons stated there in.  It is no doubt to prove that the order was passed on 5.12.2020 and NM is taken out in the year 2025.  There is a delay to take out the NM.  At the same time defendant no.1 has due to awareness of the legal procedure and proper guidance, reply is not filed. The Ch/s is yet to be decided it is with respect to the amendment.  Therefore, in the interest of Justice this Court is of view that opportunity to context the Ch/s needs to be given.  At the same time as the matter is prolonged thereby.  Hence, it is allowed subject to cost of Rs.1,500/-.  The order dated 05.12.2020 is set aside.  Reply be Ch/s be taken on record.
    Matter is adjourned to 30.01.2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: Adv. Sandeep Thorat present for plaintiff.
    Adv. Soumya G. Maurya for defendant no.1 present.
    Adv. Rahul Rathod for defendant no.3/BMC present.
    KB LO at  5.34pm
    Adv. Soumya G. Maurya for defendant no.1 present and submitted that defendant no.1 has deposited the cost imposed on last date. Hence, reply to the NM is taken on record.
    Matter is adjourned to 07.03.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2026
    
    Date: 07-03-2026
    Business: CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    None present for plaintiff.
    None present for defendants.
    Kept Back.
    Later On. At 03.10 p.m.
    Adv Vilas Mali for plaintiff present.
    Adv Soumya Maurya for deft no.1 is present.
    Matter is adjourned to 08/04/2026 for NM Hearing.
                                                                                                       Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2026
    
    Date: 08-04-2026
    Business: As the Court is on leave. Hence, Board is discharged and the matter stands adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2026
    
    Date: 24-06-2026
    Business: None present for plaintiff.
    Defendant no.1 a/w her Adv. Soumya G. Maurya present.
    Adv. Rahul Rathod for defendant no.3/BMC present.
    Adv. Aishwarya Sawant for defendant no.4 present.
    Plaintiff and his advocate absent. No application for adjournment is filed on record. NM 1549/2018 and CS 183/2019 are pending since long. Hence, it shows that plaintiff is not interested to proceed with the NM 1549/2018 and CS 183/2019. Hence, Notice of Motion No.1549/2018 and Chamber Summons No.183/2019 stands dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 24-06-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 105256/2018
    Filing Date: 12-04-2018
    First Hearing Date: 07th June 2018
    Decision Date: 24th June 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    24 Jun 2026
    Order Details: Other
    Pdf Text: 24.06.2026
    Sr. No. 66
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 28/2018
    NM 1549/2018
    CS 183/2019
    NM 2252/2025
    None present for plaintiff.
    Defendant no.1 a/w her Adv. Soumya G. Maurya present.
    Adv. Rahul Rathod for defendant no.3/BMC present.
    Adv. Aishwarya Sawant for defendant no.4 present.
    Plaintiff and his advocate absent. No application for adjournment
    is filed on record. NM 1549/2018 and CS 183/2019 are pending
    since long. Hence, it shows that plaintiff is not interested to
    proceed with the NM 1549/2018 and CS 183/2019. Hence, Notice
    of Motion No.1549/2018 and Chamber Summons No.183/2019
    stands dismissed for want of prosecution.
    Matter is adjourned to 13.10.2026 for draft issues and Hearing of
    NM 2252/2025.
    Judge
    -- 1 of 1 --
    Order 1
    24 Jun 2026
    Order Details: Other
    Pdf Text: 24.06.2026
    Sr. No. 66
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 28/2018
    NM 1549/2018
    CS 183/2019
    NM 2252/2025
    None present for plaintiff.
    Defendant no.1 a/w her Adv. Soumya G. Maurya present.
    Adv. Rahul Rathod for defendant no.3/BMC present.
    Adv. Aishwarya Sawant for defendant no.4 present.
    Plaintiff and his advocate absent. No application for adjournment
    is filed on record. NM 1549/2018 and CS 183/2019 are pending
    since long. Hence, it shows that plaintiff is not interested to
    proceed with the NM 1549/2018 and CS 183/2019. Hence, Notice
    of Motion No.1549/2018 and Chamber Summons No.183/2019
    stands dismissed for want of prosecution.
    Matter is adjourned to 13.10.2026 for draft issues and Hearing of
    NM 2252/2025.
    Judge
    -- 1 of 1 --

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