Order Details: Copy of Judgment Pdf Text: MHCC010078402018 Received on : 28.06.2018 Registered on : 01.09.2018 Decided on : 09.02.2023 Duration : Y.04:M07:D11 Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.200 OF 2018 (Enquiry No107/ME/ESTT of 2017 dt. 30.05.2018) CNR NO. MHCC010078402018 Manohar Babu Toraskar, Aage : 64 years Retired Municipal Employee, R/at : Room No.17 Block No.E11, New Deonar Municipal Colony, Govandi, Mumbai 400 043. ... Appellant Versus The Municipal Corporation…
MISC APPEAL
Manohar Babu ToraskarVsMCGM
CNR MHCC01007840201819-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 09th February 2023
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 100200/2018
- Registration Date
- 01 Sept 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1Terrorist and Disruptive and Activities (Prevention) Act · Sec 105B
Case History / Proceedings
Case History
Date: 10-09-2018 Business: Adv. Kavita Sharma for appellant present. Adv. A.V. Diwate for respondent present. Adjd. to 17/10/2018 for R and P. Earlier order to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 17-10-2018 Date: 17-10-2018 Business: Adv. Rikin Dang for appellant present. Adv. A.V. Divate for respondent present. Respondent seeks time to file R and P. Adjd. to 11/12/2018 for R and P. Earlier order to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 11-12-2018 Date: 11-12-2018 Business: 11.12.2018 CORAM HIS HONOUR THE 2nd ADDL. PRINCIPAL JUDGE SHRI S. A. QUAZI. Adv. Kavita Sharma for appellant present. Adv. Divate for respondent present. Adjd. to 30/01/2019 at for R and P. Earlier order to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 30-01-2019 Date: 30-01-2019 Business: Adv. Kavita Sharma for appellant present. Adv. A.V. Diwate for respondent present. Adjd. to 16/03/2019 for R and P. Earlier order to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 16-03-2019 Date: 16-03-2019 Business: Adv. Husain appellant present. Adv. Divate for respondent present. Matter is adjd. to. 21.06.2019 for R and P E.O. to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 21-06-2019 Date: 21-06-2019 Business: Adv. Kavita Sharma for appellant present. Adv. Diwte for respondent present. As court is busy in detection in High court time bound appeals 114/19 to 130/19. Matter is adjd. to. 09/08/2019 for Awaiting R and P. E.O. to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 09-08-2019 Date: 09-08-2019 Business: Adv. Ms. Kavita Sharma for appellant present. Adv. A. V. Diwate for MCGM/Respondent present. Rent Superviser Mrs. Sangita Chavan from MCGM present. Matter adjd. to 30/08/2019 for R and P. Next Purpose: AWAITING R AND P Next Hearing Date: 30-08-2019 Date: 30-08-2019 Business: Adv. Ms. Kavita Sharma for appellant is present. Adv. Mr. Walkar @ Adv. Mr. Divte for MCGM are present. Earlier order, if any, to continue till the next date. R and P is filed by the Adv. Mr. Divte for MCGM. Taken on record. Copy of R and P is served to advocate for appellant. Adjd. to 16/11/2019 for hearing. Next Purpose: HEARING Next Hearing Date: 16-11-2019 Date: 16-11-2019 Business: Court is on leave. Next Purpose: HEARING Next Hearing Date: 24-01-2020 Date: 24-01-2020 Business: (Matter pertains to CR No.19) Adv. Kavita Sharma i/b M/s. Ganesh and Co. for appellant present. Adv. Gajanan Shinde with Adv. A. V. Diwate for respondent/MCGM present. Adjd 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. Kavita Sharma i/b Ganesh and Co for appellant is present. Adv. Vikram Walavalkar a/w Adv. Gajanan Shinde and Adv. A. V. Diwate for respondent present. By consent, adjourned to 15.04.2020 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 15-04-2020 Date: 15-04-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 22-04-2020 Date: 22-04-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 02-06-2020 Date: 02-06-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 19-06-2020 Date: 19-06-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 20-07-2020 Date: 20-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 21-08-2020 Date: 21-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 18-09-2020 Date: 18-09-2020 Business: None present for the appellant. Adv. A.V. Divate for the respondent/BMC present. Due to Covid-19, adjourned to 14/10/2020 for hearing. Next Purpose: HEARING Next Hearing Date: 14-10-2020 Date: 14-10-2020 Business: Both sides absent. Due to COVID-19, adjourned to 06.11.2020 for hearing. Next Purpose: HEARING Next Hearing Date: 06-11-2020 Date: 06-11-2020 Business: None present for appellant. Adv. A. V. Diwate for respondents/MCGM present. Adjourned to 17.12.2020 for hearing. Next Purpose: HEARING Next Hearing Date: 17-12-2020 Date: 17-12-2020 Business: None present for appellant. Adv. Vikram Walawalkar a/w Adv. Gajanan Shinde and Adv. A. V. Diwate for respondent/BMC present. Adjourned to 27.01.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 27-01-2021 Date: 27-01-2021 Business: None present for appellant. Adv. Vikram Walawalkar a/w Adv. Gajanan Shinde and Adv. A. V. Diwate for respondent/BMC present. Since nobody appears for appellant, by way of last opportunity, matter adjourned to 12.02.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 12-02-2021 Date: 12-02-2021 Business: Adv. Kavita Sharma i/b Ganesh and Co. for appellant present. Adv. Som Sinha with Adv. Dharmesh Vyas and Adv. A. V. Diwate for respondent/BMC present. By consent, adjd to 26.02.2021 for hearing. Next Purpose: HEARING Next Hearing Date: 26-02-2021 Date: 26-02-2021 Business: Ld. counsel Mr. P. D. Gandhy a/w Adv. Kavita Sharma, Adv. Suraj Iyer and Adv. Mani Tevar i/b Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Vikram Walavalkar for respondent/BMC present. Ld. advocate for appellant submits that this is a group of around 450 matters and that he would categorize the same and give a list so that it would be convenient in disposal of the appeals. Copy be served on respondent in advance. Adjourned to 08.03.2021 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 08-03-2021 Date: 08-03-2021 Business: Ld. counsel Mr. P. D. Gandhy a/w Adv. Kavita Sharma, Adv. Suraj Iyer, Adv. Kunal Vaishnav and Adv. Arvind Giriraj i/b Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Gajanan Shinde for respondent/BMC present. Advocate for appellant files applications in Misc Appeal Nos.7/20, 8/20 and 25/20. It is kept in Misc Appeal No.22/18. Ld. counsel for appellant files list of appeals where notices were issued in the name of deceased original occupants, common compilation of documents alongwith list, Common additional compilation of documents alongwith list, note on Deonar appeals and details of legal heirs with Deonar details. These are kept in Misc Appeal No.22/18. Partly heard Ld. counsel Mr. P. D. Gandhy for appellants. Adjourned to 24.03.2021 for further Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 24-03-2021 Date: 24-03-2021 Business: Ld. counsel Mr. P. D. Gandhy a/w Adv. Arvind Giriraj, Adv. Kunal Vaishnav and Adv. Kavita Sharma i/b Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate, Adv. Vikrant Parshurami and Adv. Atif Shaikh for respondent/BMC present. Ld. counsel for appellant submits that all his family members are infected with Covid-19 and as such seeks time. Ld. counsel for appellant files common compilation in Misc Appeals of Deonar Colony. It is kept in Misc Appeal No.22/18. Adjourned to 16.04.2021 for Further Arguments for Appellants. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 16-04-2021 Date: 16-04-2021 Business: COURT IS ON LEAVE TODAY. (In view of Office Order No.79 of 2021 dt.12.04.2021, holiday is declared on 16.04.2021, 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 06.05.2021 for Further Arguments. Next Purpose: ARGUMENT P.H. Next Hearing Date: 06-05-2021 Date: 06-05-2021 Business: None present for appellant. None present for respondent. Due to COVID-19, matter adjourned to 19.06.2021 for Further Arguments. Next Purpose: ARGUMENT P.H. 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 Arguments P/H. Next Purpose: ARGUMENT P.H. 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 further hearing. Next Purpose: ARGUMENT P.H. Next Hearing Date: 13-08-2021 Date: 13-08-2021 Business: Ld. counsel Mr. P. D. Gandhy a/w Adv. Kavita Sharma i/b Ganesh and Co for appellant present. Adv. Ruhi Hajare a/w Adv. Gajanan Shinde for respondent/BMC present. Ld. counsel for appellant submits that out of in the entire group of matters more than 40 appellants have expired due to Covid-19 or otherwise and as such he seeks time to take out appropriate proceedings for bringing heirs on record. Time granted. Adjourned to 22.09.2021 for Further Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 22-09-2021 Date: 22-09-2021 Business: Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present. Since connected matter is adjourned to 06.10.2021, this matter is adjourned to 06.10.2021 for Arguments P/H. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 06-10-2021 Date: 06-10-2021 Business: Adv. Kavita Sharma h/f Ganesh and Co for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present. Since connected matter is adjourned to 29.10.2021, this matter is also adjourned to 29.10.2021 for Arguments P/H. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 29-10-2021 Date: 29-10-2021 Business: Adv. Kavita Sharma i/b Ganesh and Co for appellant is present. Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present. Since connected matter is adjourned, present appeal is also adjourned to 26.11.2021 for further Arguments. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 26-11-2021 Date: 26-11-2021 Business: Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present. Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present. Adv. Gajanan Shinde for respondent/BMC in MA No.22/18 is present. By consent, adjourned to 05.01.2022 for Arguments P/H. Earlier order, if any, to continue till next date. Next Purpose: ARGUMENT P.H. Next Hearing Date: 05-01-2022 Date: 05-01-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) None present for appellant. Adv. K. Dedhia h/f Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present. Ld. advocate for the respondent/BMC submitted that she learned from the sources that Ld. advocate for the appellant tested Covid positive. No one appear on behalf of the appellant or on behalf of the Ld. advocate. There is no such intimation to the court. However considering the statement made by the Ld. advocate for respondent matters are adjourned to 27.01.2022 for Hearing. Earlier order, if any, to continue till next date. L.O. Adv. Kavita Sharma for appellant is present. Next Purpose: HEARING Next Hearing Date: 27-01-2022 Date: 27-01-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) Adv. Prajakta Gaonkar for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present. Mr. Narayan Vishnu Matkar, Senior Estate Inspector, ME-Ward for respondent/BMC is present. Adjourned on 28.02.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 28-02-2022 Date: 28-02-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) Ld. counsel Mr. P. D. Gandhi a/w Adv. Kavita Sharma i/b Ganesh and Co for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia for respondent/BMC is present. Adv. Gajanan Shinde for respondent/BMC in Misc Appeal No.22/18 is present. Mr. Narayan Vishnu Matkar, Senior Estate Inspector, ME Ward for respondent/MCGM is present. Adjourned on 28.03.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 28-03-2022 Date: 28-03-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present. Adv. Gajanan Shinde for respondent/BMC in Misc Appeal No.22/18 is present. Adjourned on 18.04.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 18-04-2022 Date: 18-04-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. U. S. JOSHI-PHALKE (C.R. NO.19) Adv. Kavita Sharma i/b Ganesh and Co for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present. Adv. Gajanan Shinde for respondent/BMC in Misc Appeal No.22/18 is present. Adjourned on 20.06.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 20-06-2022 Date: 20-06-2022 Business: CORAM - HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE, SHRI. R. N. ROKADE (C.R. No.54) (Matter pertains to C.R. No.19) Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present. Adv. Krisha Dedhia h/f Ld. counsel Mr. Dharmesh Vyas for respondent/BMC present. Adv. Gajanan Shinde for respondent/BMC in Misc Appeal No.22/18 present. Mr. Narayan Matkar, Senior Inspector (Estate), M/E Ward for BMC present. Adjourned on 18.07.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 18-07-2022 Date: 18-07-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. VRUSHALI. V. JOSHI (C.R. NO.19) Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present. Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present. Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. Adv. Vikram Walawalkar for respondent/BMC in Misc. Appeal No.295/18 and Misc. Appeal No.305/18 is present. Adjourned on 22.08.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING 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. Mani Thevar i/b Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Vidya Vyavhare for respondent/BMC present. Adjourned on 07.09.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 07-09-2022 Date: 07-09-2022 Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE, SMT. VRUSHALI. V. JOSHI (C.R. NO.19) Ld. counsel Mr. P. D. Gandhy a/w Adv. Kavita Sharma i/b Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia and Adv. Som Sinha for respondent/BMC present. Smt. Pratibha Arvind Sankhe, Estate Officer P to R Ward for BMC present. Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. Adv. Vikram Walawalkar for respondent/BMC in Misc. Appeal No.295/18 and 305/18 is present. Adv. Gargi Maideo h/f Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present. Adjourned on 19.10.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 19-10-2022 Date: 19-10-2022 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Kavita Sharma i/b Ganesh and Co for appellant present. Adv. Ruhi Hajare a/w Adv. Krisha Dedhia for respondent/BMC present. Mr. Gajanan D. Shinde for respondent/BMC in Misc. Appeal No.22/18 present. Adv. Apoorva Maurya h/f Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 present. Shri. Narayan V. Matkar, M/E Ward - Estate Dept. for BMC present. Adjourned on 28.11.2022 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING 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. Kavita Sharma i/b M/s. Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC present. Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. Adv. Roma Naik h/f Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18, 179/18 and 261/18 is present. Appellant to file written notes of arguments and synopsis on next date. Advance copy be served to other side. Adjourned on 06.01.2023 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 06-01-2023 Date: 06-01-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Hardik Desai a/w Adv. Kavita Sharma i/b M/s. Ganesh and Co. for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present. Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. At the request of appellant, matter is adjourned on 13.01.2023 for hearing as a last chance. The matter will be posted for judgment based on written arguments submitted earlier. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 13-01-2023 Date: 13-01-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Ld. counsel Mr. P. D. Gandhy a/w Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present. Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18, 179/18 and 261/18 is present. Smt. Ujwala Hire, A. O. Estate a/w Shri. Narayan Matkar, Estate Inspector of ME Ward for BMC is present. Smt. Vishakha Bhatkar, A.O. Rajawadi Hospital a/w Ms. Jayashri Shirole, H. C. Rajawadi Hospital is present. Heard common final arguments of Ld. counsel Mr. P. D. Gandhy for appellants. Adjourned on 21.01.2023 at 11.30am for Final Arguments of Respondent. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 21-01-2023 Date: 21-01-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Suraj Iyer a/w Adv. Kunal Vaishnav, Adv. Hardik Desai and Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC present. Adv. Gajanan D. Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. Adv. Vikrant V. Parashurami for respondent/BMC in Misc. Appeal No.178/18, 170/18 and 261/18 is present. Adv. Vikram Walawalkar for respondent/BMC in Misc Appeal No.295/18 and 305/18 is present. Smt. Ujwala Hire, A. O. Estate a/w Shri. Narayan Matkar, Estate Inspector of M/E Ward for BMC is present. Smt. Vishakha Bhatkar, A.O. Rajawadi Hospital a/w Ms. Jayashri Shirole, H. C. Rajawadi Hospital is present. Heard final arguments of Ld. counsel Mr. Vyas for respondent/BMC. Also heard final arguments of Adv. Walawalkar for respondent/BMC Adv. Parashurami and Adv. Shinde adopted arguments advanced by Ld. counsel Mr. Vyas and Adv. Walawalkar for respondent/BMC. Adjourned on 25.01.2023 for Reply Arguments. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 25-01-2023 Date: 25-01-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Ld. counsel Mr. P. D. Gandhy a/w Adv. Kunal Vaishnav, Adv. Kavita Sharma and Adv. Mani Thevar i/b M/s. Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present. Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present. Smt. Ujwala Hire, A. O. Estate a/w Shri. Narayan Matkar, Estate Inspector of M/E Ward for BMC is present. Smt. Vishakha Bhatkar, A.O. Rajawadi Hospital a/w Ms. Jayashri Shirole, H. C. Rajawadi Hospital is present. Counsel for respondent filed common written submissions on behalf of MCGM in Misc. Appeal No.179/18 and 292/18. They are kept in Misc. Appeal No.22/18. Counsel for appellant filed common rejoinder. It is taken on record. It is kept in Misc. Appeal No.22/18. Counsel for appellant also filed common compilation of citation/judgments alongwith list. It is taken on record. It is kept in Misc. Appeal No.22/18. Heard common reply arguments of Ld. counsel Mr. Gandhy for appellants. Adjourned on 02.02.2023 for Judgment. Earlier order, if any, to continue till next date. Next Purpose: JUDGMENT Next Hearing Date: 02-02-2023 Date: 02-02-2023 Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE, SHRI. A. SUBRAMANIAM (C.R. NO.19) Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC present. Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present. Adv. Vikram Walawalkar for respondent/BMC in Misc Appeal No.295/18 and 305/18 is present. 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. Kavita Sharma i/b M/s.Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC present. Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. Adv. Vikrant Parshuram for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present. Adv. Vikram Walawalkar for respondent/BMC in Misc. Appeal No.295/18 and 305/18 is present. Smt. Ujwala Hire, A. O. Estate of M/E Ward for BMC is present. Mr. S. D. Sawant, Dy CFO (Byculla) a/w Mr. B. R. Yamgar, Clerk for respondent/BMC present. Ms. Jayashri Shirole, H. C. (A) Rajawadi Hospital is 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. Kavita Sharma a/w Adv. Mani Thevar i/b M/s. Ganesh and Co for appellant present. Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present. Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present. Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present. Adv. Vikram Walawalkar for respondent/BMC in Misc. Appeal No.295/18 and 305/18 is present. Smt. Ujwala Hire, A. O. Estate of M/E Ward for BMC is present. Mr. Baban R. Yamgar, Clerk, CFO Byculla for BMC present. Smt. Anuja Padal, Head Clerk, Deonar Slaughter House for BMC 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. Kavita Sharma a/w Adv. Mani Thevar i/b M/s. Ganesh and Co. 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. - Judgment. F.R.S.R. Following order is passed. ORDER 1. Misc. Appeal is dismissed. 2. Time is granted to the appellant/s to vacate the premises till 31/03/2023 subject to appellant/s filing an undertaking before this Court within 4 weeks from today that the appellant/s is/are in physical occupation of the premises and that appellant/s will not create any third party interest in the said property and further appellant/s will honour the order of the learned Enquiry Officer on its attaining finality. 3. If the above undertaking is/are not filed within the stipulated period, the execution can be proceeded with. 4. Record and proceedings be returned to the Respondent No.1/BMC. Nature Of Disposal: DISMISSED Disposal Date: 09-02-2023
Additional Case Details
Additional Case Details
Filing Number: 108455/2018 Filing Date: 28-06-2018 First Hearing Date: 10th September 2018 Decision Date: 09th February 2023 Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
Orders
2Final Order 1Full order available
09 Feb 2023
Order 1Full order available
09 Feb 2023
Order Details: Copy of Judgment Pdf Text: MHCC010078402018 Received on : 28.06.2018 Registered on : 01.09.2018 Decided on : 09.02.2023 Duration : Y.04:M07:D11 Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.200 OF 2018 (Enquiry No107/ME/ESTT of 2017 dt. 30.05.2018) CNR NO. MHCC010078402018 Manohar Babu Toraskar, Aage : 64 years Retired Municipal Employee, R/at : Room No.17 Block No.E11, New Deonar Municipal Colony, Govandi, Mumbai 400 043. ... Appellant Versus The Municipal Corporation…
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