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SUIT - SHORT CAUSE CIVIL SUIT

M/s.Natraj CaterersVsAssistant Engineer, Water Works

CNR MHCC0100661020184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 29th November 2024

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101326/2018
Registration Date
05 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 07-06-2018
    Business: NOB TOB
    Adv. Mr. Mukesh Cheda for plaintiff present.
    Adv. Ms. Tadavi for BMC present.
    BMC officer, Mr. Pravin Gangode, Assist. Engineer present.
    The ld. Counsel on behalf of plaintiff submitted that he is not pressing for any exparty relief at this stage. Therefore, matter adjourned.
    Adjd to 21.6.2018 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: None present for plaintiff.
    Adv. Ms. Tadavi for BMC present.
    Plaintiff to register N/M.
    Adjd to 12.7.2018 for registration of N/M and  N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-07-2018
    
    Date: 12-07-2018
    Business: Adv. Mr. Mukesh Chedda for Plaintiff present.
    Adv. Ms. Tadavi for defendant / BMC present.
    Adv. Mr.Kaustubh Patil present and tendered draft Ch/s.
    O - Leave granted to register.
    Copy served other side.
    Adjd. to 09.08.2018 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-08-2018
    
    Date: 24-08-2018
    Business: Adv Mukesh Chheda for plff present.
    Adv P.D.Gandhi for applicant present and tendered original ch/sum no.1283/18. It is TOR.
    Adv Vyavhare for BMC/deft present.
    Adjd to 14/09/2018 for ch/sum reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-09-2018
    
    Date: 14-09-2018
    Business: None for Plaintiff.
    Adv.Mrs.Kamble h/f. Adv. Mrs. Vyavhare for Defendant/ BMC present.
    None for applicant.
    Matter adjd. to 25.10.2018  for Ch/s. reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Adv. Mukesh Chheda for plaintiff present.
    Adv. Kamble h/f Adv. Vyawahare for defendant no. / BMC present.
    Adv. Jalgawakar for applicant present.
    Matter adjd. to 14.12.18 for Chs Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Business: Adv Mukesh Chheda for plff present.
    Adv Mrs.Vyavhare for BMC/deft present.
    Adv Hardik Desai for applicant present.
    Adjd to 22/01/2019 for ch/sum reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-01-2019
    
    Date: 22-01-2019
    Business: None for plff.
    Adv Mrs.Vyavhare for BMC/deft present.
    Adv Ayush sharma for applicant present.
    Adjd to 19/03/2019 for ch/sum reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: None for Plff.
    Adv. Mrs. Vyavhare for MCGM/deft present.
    None for Applicant.
    On oral request of advocate for Defendant, adjournment granted.
    Adjd to 11/6/2019 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: None for plaintiff.
    Adv. Khandagle for MCGM/Def. present.
    Adjd to 29.07.2019 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: None for plaintiff.
    Adv. Hardik Desai for applicant present.
    Adv. Khandagle for MCGM/Deft. present.
    Neither plaintiff nor defendant has filed reply to Ch/s no. 1283/18 till today.  Hence the Ch/s will be heard without reply.
    Plff is directed to register draft N/M filed along with suit on or before next date.
    Adjd to 25.09.2019 Ch/s hearing. (without reply).
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: None for plaintiff.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    Adv. Giriraj for applicant present.
    KB
    LO
    Adv.Deepa Pohuja for plaintiff present and and tendered V/P. t.o.r. and marked as Exh. 2, tendered original registered NM  3527/19 along with affidavit and tendered draft NM along with affidavit. Leave is granted to register the NM. Copy be served to other side.
    Order on draft NM - the plaintiff has given no objection to allow the motion subject to costs. Hence, NM is allowed and order of no reply dated 29-07-2019 is set aside Subject to cost of Rs. 500/- payable to plaintiff.
    Cost of Rs. 500/- paid to Ld. Adv. for applicant. Hence, reply to C/S is accepted.
    Copy served to other side.
    Heard both sides on C/S.
    Adjd to  07-10-2019 for C/S Hearing/ Citations.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: None for plaintiff.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    None for applicant.
    KB
    LO
    Adv. Ms. Mansi  for plaintiff present and tendered citations.
    Adv. Preet Chawla for applicant present.
    On oral request of advocate for applicant, adjournment granted.
    Adjd to 11-10-2019 for C/S Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: As court is nominated to attend mediation conference at Nashik after (2nd session).
    Matter is adjd. to 14.10.2019 for Ch/sum hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Adv. Mansi Vora for plaintiff present.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    Adv. Chawala  for applicant present.
    F.R.S.R. following order on C/S No. 1283/18 is passed -
    Order -
    1. Chamber Summons No. 1283 of 2018 is rejected.
    2. Costs in cause.
    Adjd to 06-01-2020 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Adv. Mansi Vora for plaintiff present.
    Adv. Ms. Hajare h/f Khandagale for defendant / MCGM present.
    Adjd. for NM reply to 2/3/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv.Mansi Vora for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
     Matter adjd to 24.06.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: None for plaintiff.
    Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Matter adjd to 07/06/2021 for Ch/s Hearing (without Reply)/NM Reply.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Due to Covid-19 pandemic, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: HHJ is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv Mansi Vora for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and filed reply to NM. TOR. Copy is supplied to plaintiff.
    Adjd. To 06/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Matter is adjd to 09/02/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter is adjd to 23/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: None for plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Adjd. To 20/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Pooja Pandey h/f Adv. Chedda for plaintiff present and requested time to argue on N/M as senior advocate is not available today. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    Adjd. to 05/08/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. Ms. Chawda for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Adjd. to 19/08/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Adjd. to 03/10/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Chawla for plaintiff present and requested time to argue on N/M as senior advocate is not available and prayed for longer date. Hence, time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Adjd. to 19/12/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Adv. Asfiya Khan I/b. M/s. J Law Associates for plaintiff present and submitted that they are going to file application under Order 12 of C.P.C. for judgment on admission. Hence, matter is adjourned.
    Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Adjd. to 20/03/2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Ms. Khan i/b. J Law Associates tendered draft Notice of Motion which leave to register is granted.
    Copy served to other side.
    Adv. Mr. Suryavanshi for BMC present
    Adjd. to 23.6.2023 for reply and hrg. on original N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Advocate Asifya khan for plaintiff present and tendered registered  Notice of Motion No. 1837/2023.
    Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM No. 1837/2023. Time is granted. Adv for plaintiff submitted that plaintiff is not pressing original NM No. 3527/2019. Accordingly NM No. 3527/2019 disposed of.
    Adjd   to 02.08.2023 for Reply on NM No. 1837/23 by defendant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Adv. Asfiya Khan for plaintiff present.
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    With the consent of both the parties matter referred to Maha-Lokadalat on dated 09.09.2023.
    Both parties are directed remain present on 09.09.2023 at 10.30 a.m.
    Adjd  to 09.09.2023  for Lok-adalat report
    Next Purpose: REPORT
    Next Hearing Date: 09-09-2023
    
    Date: 09-09-2023
    Business: Matter pertains to CR No.4
    None present for plaintiff.
    Advocate Suryawanshi for defendant/BMC present.
    Mr. Jahdav Dattaprakash. B., JE, M West ward is present.
    Matter is adjd for NM reply to 16.10.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: None present for plaintiff
    Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to  20.12.2023   for  NM Reply
    L.O. 3.39 p.m.
    Adv. Asfiya Khan for plaintiff present.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: Advocate Dimple Bitra i/b J. law Associates for plaintiff present.
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted as last chance as suit is five years old.
    Adjd  to 19.01.2024 for  NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-01-2024
    
    Date: 19-01-2024
    
    Date: 31-01-2024
    Business: Advocate Asfiya Khan for plaintiff present and submitted that the matter is today kept for rejoinder. However it appears that argument of parties is not heard on NM No. 1837/23. Hence on request of parties matter adjourned for hearing on NM
    Advocate Suryavanshi for defendant/BMC present.
    Adjd  to 23.02.2024  for Hearing on NM No. 1837/2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Advocate Dimple D. Bitra i/b M/s. J. Law Associate for plaintiff present.
    Advocate  Suryavanshi for defendant/BMC present.
    keep back
    Later on 5.08 p.m
    Same appearance.
    Due to paucity of time, hence matter adjourned.
    Adjd  to 13.03.2024  for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: PO is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: Court is on leave, hence matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: Advocate Asifiya Khan i/b J. Law Associate for plaintiff present.
    Advocate Suryavanshi for defendant/BMC present.
    Adjd  to 14.06.2024  for  NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: Adv. Nidhi Bhoria for Applicant plaintiff present and seeks time to argue NM No. 1837/2023 due to personal difficulty of Adv on record. Hence matte adjourned
    Advocate  Vyawahare  for defendant/BMC present.
    Adjd  to 03.07.2024   for  NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2024
    
    Date: 03-07-2024
    Business: None present for plaintiff
    Advocate Vyawahare for defendant/BMC present.
    The suit is of year 2018 and since many dates it is pending for heaing but today none present for plaintiff. Hence matter adjourned and kept for dismissal of NM for want of prosecution.
    Adjd  to  14.08.2024  for  NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-08-2024
    
    Date: 14-08-2024
    Business: Advocate  Raghav i/b J. Law associates for plaintiff present.
    Advocate  Honmane  for defendant/BMC present.
    Keep back
    Later on 4.35 p.m
    Adv. Asfiya Khan for plaintiff present and submitted that she will take necessary steps for withdrawal of the suit on next date. Hence matter adjourned.
    Adjd  to  21.08.2024  for suit withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 21-08-2024
    
    Date: 21-08-2024
    Business: None present for plaintiff.
    Advocate  Honmane   for defendant/BMC present.
    On last date adv for the plaintiff made statement that she will take instruction as to withdrawal of the suit. Hence matter referred to Mahalokadalat on 28.09.2024
    Plaintiff directed to remain present on 28.9.2024 before 10.30 a.m.
    Adjd  to   28.09.2024   for Lokadalat
    Later on 3.40 p.m
    Adv. Raghav Srivatsa i/b J. Law srivasta for plaintiff present.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertain to Court Room No. 4
    Plaintiff and advocate absent.
    Adv. Botlawar for defendant/MMC present. Officer Shweta Rathod, Jr. Engineer, Ward M-West present.
    Matter is not settled as plaintiff and advocate absent. Adjd for N/M Dismissal /Withdrawal of suit on 04.11.2024.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Raghav Srivatsa i/b J. Law Assocites. for plaintiff present and requested time to file necessary application for withdrawal of the suit. Hence matter adjourned
    Advocate  Honmane  for defendant/BMC present.
    Plaintiff has not pressed NM No. 1837/2023, hence NM No. 1837/2023 is disposed of.
    Adjd  to   29.11.2024   for withdrawal of suit.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 29-11-2024
    
    Date: 29-11-2024
    Business: CORAM - H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    The Proprietor of Plaintiffs present.
    Advocate Raghav Srivatsa i/b M/s. J. Law Associates for plaintiff present and tendered application for withdrawal of suit Exh.3 alongwith Notice for removing water pipeline wronglyfully laid down over the property Exh. 4
    Advocate  Honmane  for defendant/BMC present and has given say on Exh. 3 overleaf.
    Heard argument of both sides.
    Order below Exh. 1
           The Proprietor of  plaintiffs firm filed an application below Exh. 3 for unconditional withdrawal of the suit. The plaintiff firm is proprietary firm. The Proprietor of the plaintiff firm namely Amrik Singh Diwanchand Alag admitted his signature and contents of the application and contended that he is withdrawing the suit unconditionally.  He is identified by his Adv. Raghav Srivatsa.
        Adv for deft/Corporation submitted that if plaintiff is withdrawing the suit unconditionally she has no objection. Hence I pass following order
    ORDER
    1.  Suit is disposed of as withdrawn in view of application below Exh. 3
    2. Any pending application be disposed of accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 29-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 107293/2018
    Filing Date: 04-06-2018
    First Hearing Date: 07th June 2018
    Decision Date: 29th November 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    2
    Final Order 1
    29 Nov 2024
    Order Details: Other
    Pdf Text: 5 Dt:29.11.2024
    SU 1326/18
    Exh. 3
    Exh. 4
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    The Proprietor of Plaintiffs present.
    Advocate Raghav Srivatsa i/b M/s. J. Law Associates for
    plaintiff present and tendered application for withdrawal of
    suit Exh.3 alongwith Notice for removing water pipeline
    wronglyfully laid down over the property Exh. 4
    Advocate Honmane for defendant/BMC present and has
    given say on Exh. 3 overleaf.
    Heard argument of both sides.
    Order below Exh. 1
    The Proprietor of plaintiffs firm filed an application
    below Exh. 3 for unconditional withdrawal of the suit. The
    plaintiff firm is proprietary firm. The Proprietor of the
    plaintiff firm namely Amrik Singh Diwanchand Alag admitted
    his signature and contents of the application and contended
    that he is withdrawing the suit unconditionally. He is
    identified by his Adv. Raghav Srivatsa.
    Adv for deft/Corporation submitted that if plaintiff is
    withdrawing the suit unconditionally she has no objection.
    Hence I pass following order
    ORDER
    1. Suit is disposed of as withdrawn in view of application
    below Exh. 3
    2. Any pending application be disposed of accordingly.
    Judge
    -- 1 of 1 --
    Order 1
    29 Nov 2024
    Order Details: Other
    Pdf Text: 5 Dt:29.11.2024
    SU 1326/18
    Exh. 3
    Exh. 4
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    The Proprietor of Plaintiffs present.
    Advocate Raghav Srivatsa i/b M/s. J. Law Associates for
    plaintiff present and tendered application for withdrawal of
    suit Exh.3 alongwith Notice for removing water pipeline
    wronglyfully laid down over the property Exh. 4
    Advocate Honmane for defendant/BMC present and has
    given say on Exh. 3 overleaf.
    Heard argument of both sides.
    Order below Exh. 1
    The Proprietor of plaintiffs firm filed an application
    below Exh. 3 for unconditional withdrawal of the suit. The
    plaintiff firm is proprietary firm. The Proprietor of the
    plaintiff firm namely Amrik Singh Diwanchand Alag admitted
    his signature and contents of the application and contended
    that he is withdrawing the suit unconditionally. He is
    identified by his Adv. Raghav Srivatsa.
    Adv for deft/Corporation submitted that if plaintiff is
    withdrawing the suit unconditionally she has no objection.
    Hence I pass following order
    ORDER
    1. Suit is disposed of as withdrawn in view of application
    below Exh. 3
    2. Any pending application be disposed of accordingly.
    Judge
    -- 1 of 1 --

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