Order Details: Copy of Judgment Pdf Text: MHCC010053192019 Received on :: 28.05.2019 Registered on :: 06.06.2019 Decided on :: 09.02.2023 Duration :: Y03:M08:D12: Exhibit :: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.140 OF 2019 (INQUIRY NO.N/30 OF 2018) [Mr.Eknath Krishanaji Sawant ] (Since Deceased) Through the Legal & Representatives i.e. 1(a)Smt.Snehal Surendra Sawant, Age 62 years. Occ.: Housewife, 1(b)Mr.Rajendra Eknath Sawant, Age : 62 years., Occ.Retired, 1(c)Mr.Karan Surendra Sawant, Age :29 years, Occ.Business,…
Mr Eknath Krishnaji Sawant - deceased legal heir 1a Smt Snehal Surendra Sawant +3 moreVsThe Municipal Corporation Of Greater Mumbai And Anr +1 more
TrustJury record updated 20 Sept 2026
Case Overview
- Registration Number
- 100140/2019
- Registration Date
- 06 Jun 2019
Advocates
3For Petitioner
For Respondent
Parties
6Acts & Sections
1Case History / Proceedings
Case History
Date: 07-06-2019 Business: Adv. Suresh Muluk for appellant present. Adv. Diwte for Respondent present. Adv for appellant filed Stay application. TOR. Matter is adjd. to.10/06/2019 for production of necessary documents by the appellant in respect of the pleading of documents before the enquiry officer and for hearing on ad-interim stay. Next Purpose: HEARING Next Hearing Date: 10-06-2019 Date: 10-06-2019 Business: Adv. Suresh Muluk for appellant present and has filed list of documents. Adv. Diwte for respondent present. Heard both the parties on stay application Exh. 2. FRSR the following orders is passed in Stay Application. -ORDER- 1.The stay application exhibit-2 is hereby allowed in following terms- (i) The respondent shall not execute the impugned order till filing of record and proceeding of the Inquiry Officer and subject to the extension of this stay on next date. 2. The stay application Exh.2 stands disposed off accordingly. Matter is adjd. to. 16/07/2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 16-07-2019 Date: 16-07-2019 Business: None for Appellant. Adv. Mr. Divate for Respondent/MCGM present and filed original R and P with photocopies. Rent Supervisor Mrs. Meena Bhoir of MCGM present. Matter adj. to 23/09/2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 23-09-2019 Date: 23-09-2019 Business: Matter adj. to 25/11/2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 25-11-2019 Date: 25-11-2019 Business: Adv. Suresh Muluk for appellant present. None for respondent. On oral request of advocate for appellant, adjd for hearing to 29.01.2020. Earlier Order, if any, to continue till the next date. Next Purpose: HEARING Next Hearing Date: 29-01-2020 Date: 29-01-2020 Business: Adv. Suresh Muluk for appellant is present. None present for respondent/BMC. Adjourned to 24.02.2020 for Hearing. Earlier order, if any, to continue till next date. Later on Adv. A. V. Diwate for respondent/BMC is present. Next Purpose: HEARING Next Hearing Date: 24-02-2020 Date: 24-02-2020 Business: Adv. Suresh S. Muluk for appellant is present. Adv. A. V. Diwate for respondent is present. On oral request of advocate for appellant, adjourned to 23.03.2020 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 23-03-2020 Date: 23-03-2020 Next Purpose: HEARING Next Hearing Date: 01-04-2020 Date: 01-04-2020 Next Purpose: HEARING Next Hearing Date: 16-04-2020 Date: 16-04-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 05-05-2020 Date: 05-05-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 27-05-2020 Date: 27-05-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 12-06-2020 Date: 12-06-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 07-07-2020 Date: 07-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 03-08-2020 Date: 03-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 02-09-2020 Date: 02-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 28-09-2020 Date: 28-09-2020 Business: None present for appellant. Adv. A.V.Diwate for respondent present. Adjourned to 21.10.2020 for hearing. Next Purpose: HEARING Next Hearing Date: 21-10-2020 Date: 21-10-2020 Business: Both sides absent. Due to COVID-19 adjourned to 23.11.2020 for hearing. Next Purpose: HEARING Next Hearing Date: 23-11-2020 Date: 23-11-2020 Business: None present for appellant. Adv. A. V. Diwate for respondent/BMC is present. Adjourned to 16.12.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 16-12-2020 Date: 16-12-2020 Business: None present for appellant. Adv. A. V. Diwate for respondent is present. Adjourned to 18.01.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 18-01-2021 Date: 18-01-2021 Business: Appellant No.1-C is present. Advocate for appellant absent. Adv. A. V. Diwate for respondent/BMC is present. Since advocate for appellant is absent, lastly adjourned to 08.03.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 08-03-2021 Date: 08-03-2021 Business: Adv. Prasad Desai for appellant is present. Adv. A. V. Diwate for respondent/BMC is present. It is submitted that advocate for appellant is not keeping well, as such by way of last opportunity, mater adjourned to 12.04.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 12-04-2021 Date: 12-04-2021 Business: COURT IS ON LEAVE TODAY. (In view of Office Order No.78 of 2021 Dt.09.04.2021, holiday is declared on 12.04.2021, hence matter is taken on todays board.) Due to holidays declared on 12th, 15th, 16th, so also as per SOP dated 06.04.2021 the day 17th being Saturday declared as holiday, hence adjourned to 19.06.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 19-06-2021 Date: 19-06-2021 Business: None present for appellant. None present for respondent. Adjourned to 13.07.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 13-07-2021 Date: 13-07-2021 Business: HONBLE THE PRINCIPAL JUDGE IS ON LEAVE TODAY. None present for the appellant. Adv. R. M. Hajare for respondent/BMC present. Adjd. to 13.08.2021 for hearing. Next Purpose: HEARING Next Hearing Date: 13-08-2021 Date: 13-08-2021 Business: Adv. Suresh Muluk for appellant is present. Adv. Ruhi Hajare for respondent/BMC is present. At the request of Ld. counsel for appellant by way of last opportunity matter adjourned to 06.09.2021 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 06-09-2021 Date: 06-09-2021 Business: Adv. Suresh Muluk for appellant is present. Adv. Ruhi Hajare for respondent/BMC present. Advocate for appellant files adjournment application. TOR and marked as Exh.8. Ld. counsel for appellant files application for adjournment submitting that he is suffering post Covid complications. Again by way of last opportunity matter adjourned to 18.10.2021 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 18-10-2021 Date: 18-10-2021 Business: Adjourned to 09.11.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 09-11-2021 Date: 09-11-2021 Business: Adv. Suresh Muluk for appellant is present. None present for respondent. Adjourned to 13.12.2021 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 13-12-2021 Date: 13-12-2021 Business: Adv. Prasad Desai for appellant is present. None present for respondent/BMC. Adjourned to 03.01.2022 for Hearing. Earlier order, if any, to continue till next date. L.O. Adv. Ruhi Hajare for respondent/BMC is present. Next Purpose: HEARING Next Hearing Date: 03-01-2022 Date: 03-01-2022 Business: CORAM : HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) Adv. Suresh S. Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present. At the request of appellant, matter is adjourned to 10.01.2022 at 12.30 pm for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING 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) Junior Advocate h/f Adv. Muluk 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 21.01.2022 for Arguments. Earlier order, if any, to continue till next date. L.O. Adv. Suresh Muluk for appellant is present and submitted that he is coming from Thane and he has fixed Monday for City Civil Court Mumbai. In other appeals respondent have already obtained the dates but he submitted that he will inform the other side also in written form. Hence matter is adjourned to 24.01.2022 for Arguments. Next Purpose: HEARING Next Hearing Date: 24-01-2022 Date: 24-01-2022 Business: Adv. Mr.P.V.Desai for the appellant is present. Adv. Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/MCGM is present. Ld. Adv. appearing for the appellant submitted that Advocate on record is tested COVID Positive. Adjd. to 14.2.2022 for hearing. Next Purpose: HEARING Next Hearing Date: 14-02-2022 Date: 14-02-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) Adv. P. V. Desai h/f Adv. Suresh Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present. Ld. advocate for respondent submitted that since long matter is fixed for hearing. Considering the submissions last chance is granted and matter is kept on 25.02.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 25-02-2022 Date: 25-02-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) Adv. Suresh Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present. As court is busy in administrative work, matter is adjourned on 21.03.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 21-03-2022 Date: 21-03-2022 Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE, SHRI. A. T. WANKHEDE (C.R. No.57) (Matter pertains to C.R. No.19). Adv. Suresh Muluk for appellant is present. None present for respondent/BMC. Adjourned on 04.04.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 04-04-2022 Date: 04-04-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) Adv. Suresh Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present. Adjourned on 27.04.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 27-04-2022 Date: 27-04-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) Adv. Suresh Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present. Partly heard final arguments of Adv. Muluk for appellant. Adjourned on 13.06.2022 for Further Arguments of Appellant. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 13-06-2022 Date: 13-06-2022 Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE, SHRI. A. M. PATIL (C.R. No.57) (Matter pertains to C.R. No.19) Adv. Suresh Muluk for appellant is present. Adv. Ruhi Hajare for respondent/BMC is present. Adjourned on 04.07.2022 for Further Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 04-07-2022 Date: 04-07-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. VRUSHALI. V. JOSHI (C.R. NO.19) Adv. Suresh Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present. Adjourned on 25.07.2022 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 25-07-2022 Date: 25-07-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. VRUSHALI. V. JOSHI (C.R. NO.19) Adv. Suresh Muluk for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia and Adv. Ruhi Hajare for respondent/BMC present. Adjourned 22.08.2022 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 22-08-2022 Date: 22-08-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. VRUSHALI. V. JOSHI (C.R. NO.19) Adv. Suresh Muluk for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Vidya Vyavhare for respondent/BMC present. Heard final arguments of Ld. Adv. Muluk for appellant. He also filed written notes of arguments. TOR and marked as Exh.9. Adjourned on 24.08.2022 for Arguments of Respondent. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 24-08-2022 Date: 24-08-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. VRUSHALI. V. JOSHI (C.R. NO.19) Advocate h/f Adv. Suresh Muluk for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia for respondent/BMC present. Partly heard final arguments of Adv. Vyas for respondent/BMC. Adjourned on 30.08.2022 for further Arguments of respondent. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 30-08-2022 Date: 30-08-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. VRUSHALI. V. JOSHI (C.R. NO.19) Adv. Suresh Muluk for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia and Adv. Vidya Vyavhare for respondent/BMC present. Smt. Kavita J. Aware, Estate Officer, N-Ward for BMC present. Heard further final arguments of Ld. Counsel Mr. Vyas for respondent. Adjourned on 15.09.2022 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 15-09-2022 Date: 15-09-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. VRUSHALI. V. JOSHI (C.R. NO.19) Adv. Suresh Muluk for appellant present. Adv. Ruhi Hajare a/w Adv. Som Sinha for respondent present. Adjourned on 28.09.2022 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 28-09-2022 Date: 28-09-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. VRUSHALI. V. JOSHI (C.R. NO.19) Adv. Suresh Muluk for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare and Adv. Krisha Dedhia for respondent/BMC present. Adjourned on 06.10.2022 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 06-10-2022 Date: 06-10-2022 Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE, SHRI. R. N. ROKADE (C.R. NO.54) (Matter pertains to C.R. No.19) Appellant is present. Adv. Suresh Muluk for appellant is present. None present for respondent. Adjourned on 12.10.2022 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 12-10-2022 Date: 12-10-2022 Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE, SHRI. R. N. ROKADE (C.R. NO.54) (Matter pertains to C.R. No.19) Adv. Suresh Muluk for appellant present. None present for respondent. Adjourned on 07.11.2022 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 07-11-2022 Date: 07-11-2022 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Suresh Muluk for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Ruhi Hajare for respondent/BMC present. Matter fixed for arguments. Adjourned on 28.11.2022 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 28-11-2022 Date: 28-11-2022 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Prasad Desai h/f Adv. Suresh Muluk for appellant present. Adv. Gajanan Giri for respondent/BMC present. At the request of appellant, matter is adjourned on 19.12.2022 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 19-12-2022 Date: 19-12-2022 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Suresh Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present. As court is busy in hearing further final arguments in High Court Time Bound Appeal No.94/21 and 95/21, matter is adjourned on 30.01.2023 for Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENTS Next Hearing Date: 30-01-2023 Date: 30-01-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Suresh Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present. Heard final arguments of Adv. Muluk for appellant. Also heard final arguments of Ld. counsel Mr. Vyas for respondent/BMC. Ld. counsel for respondent filed written notes of arguments. TOR and marked as Exh.10. O - Seen and Filed. Adjourned on 06.02.2023 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 06-02-2023 Date: 06-02-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Prasad Desai h/f Adv. Suresh Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas for respondent/BMC present. Adjourned on 08.02.2023 at 02.45pm for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 08-02-2023 Date: 08-02-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Suresh Muluk for appellant present. As court is busy in hearing final arguments in old matter i.e. in Misc. Appeal No.6/07 and recording evidence of under trial prisoners matter i.e. in SC No.1029/19, matter is adjourned on 09.02.2023 at 03.00pm for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 09-02-2023 Date: 09-02-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Prasad Desai h/f Adv. Suresh Muluk for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present. Judgment is pronounced in open court. Exh.11 - Judgment. F.R.S.R. Following order is passed. ORDER 1. Misc. Appeal No.140 of 2019 is dismissed. 2. Judgment and order passed by the learned Chief Enquiry Officer in Enquiry Proceedings No. N/30 of 2018 dated 23.04.2019 stands confirmed. 3. The appellants are granted time to vacate the premises by 31/03/2023 subject to filing of undertaking that they physically are in occupation of the premises and that they will not create any 3rd party interest therein and further that they will honour the order passed by the learned Chief Enquiry Officer. 4. An undertaking to be filed within 4 weeks, failing which the order will be liable to be executed forthwith. 5. Record and Proceedings be sent back to Respondent No.1. Nature Of Disposal: DISMISSED Disposal Date: 09-02-2023
Additional Case Details
Additional Case Details
Filing Number: 105811/2019 Filing Date: 28-05-2019 First Hearing Date: 07th June 2019 Decision Date: 09th February 2023 Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
Orders
3Order Details: Order below exhibit Pdf Text: Order on stay application Exh.2 .. 1 .. Misc. Appeal 140/19 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER ON STAY APPLICATION EXHIBIT2 IN RESPECT OF REQUEST FOR ADINTERIM RELIEF IN MISCELLANEOUS APPEAL NO.140 OF 2019 Mr. Eknath Krishnaji Sawant & Ors. ...Appellants V/s. The Municipal Corporation of Greater Mumbai & Anr. ...Respondents. Appearances : Learned Adv. Mr. Suresh Muluk for appellants. Learned Adv. Mr. Diwte for respondents. CORAM : HIS HONOUR…
Order Details: Order below exhibit Pdf Text: Order on stay application Exh.2 .. 1 .. Misc. Appeal 140/19 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER ON STAY APPLICATION EXHIBIT2 IN RESPECT OF REQUEST FOR ADINTERIM RELIEF IN MISCELLANEOUS APPEAL NO.140 OF 2019 Mr. Eknath Krishnaji Sawant & Ors. ...Appellants V/s. The Municipal Corporation of Greater Mumbai & Anr. ...Respondents. Appearances : Learned Adv. Mr. Suresh Muluk for appellants. Learned Adv. Mr. Diwte for respondents. CORAM : HIS HONOUR…
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