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MISC APPEAL

Vijayalaxmi Narayan Surve legal heir of late shri Narayan D. SurveVsMCGM

CNR MHCC01007856201819-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
100011/2019
Registration Date
25 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 105B

    Case History / Proceedings

    Case History
    Date: 15-02-2019
    Business: CORAM HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,  SHRI S. A. QUAZI.
    Adv. Kavita Sharma for appellant present.
    Adv. Diwate for respondent present. Adjd to 15.04.2019 for R and P. Earlier order to continue till next date.
    Next Purpose: AWAITING R AND P
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Adv. Kavita Sharma for appellant present.
    Adv.A.V. Divate for respondent present and has filed record and proceeding t.o.r. Copy served to adv. of  appellant.
    Matter is adjd. to. 29.07.2019 for hearing
    E.O. to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: Adv. Ms. Kavita Sharma for Appellant present.
    Adv. Mr. Divate for Respondent/MCGM present.
    Earlier order, if any, to continue till the next date.
    Matter adj. to 11/10/2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Next Purpose: HEARING
    Next Hearing Date: 24-12-2019
    
    Date: 24-12-2019
    Business: Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant present.
    Adv. A. V. Diwate for respondent present.
    Adjourned to 31.01.2020 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Adv. Hardik Desai a/w Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present.
    Adv. A. V. Diwate for respondent/BMC is present.
    By consent, adjourned to 13.03.2020 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Adv. Kavita Sharma i/b Ganesh and Co for appellant is present.
    Ld. Counsel Dharmesh Vyas a/w Adv. Sam Sinha, Adv. Lanjekar and Adv. A. V. Diwate for respondent present.
    By consent, adjourned to 17.04.2020 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Both sides absent. Due to COVID-19 adjourned to 28.10.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: None present for appellant.
    Adv. A.V. Diwate for respondent/MCGM present.
    Adjourned to 01.12.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present for appellant.
    Adv. A. V. Diwate for the respondent/BMC present.
    Adjourned to 21.12.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for appellant.
    Adv. A. V. Diwate for respondent is present.
    Adjourned to 02.02.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present.
    Adv. A. V. Diwate for respondent/BMC is present.
    Since connected matters are kept on 12.02.2021, matter adjourned to 12.02.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    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.
    Earlier order, if any, to continue till next date.
    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.
    Advocate for appellant tenders draft chamber summons alongwith affidavit and vakalatnama. Vakalatnama is taken on record and marked as Exh.
    Heard both the sides on chamber summons.
    F.R.S.R. Following order is passed.
    ORDER
    1. Chamber summons is made absolute in terms of prayer clauses (a) to (c).
    2. Amendment be carried out within two weeks and amended copy be served on the other side.
    3. Chamber Summons be registered for statistical purpose.
    Adjourned to 06.10.2021 for Compliance and Arguments P/H.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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 and compilation of citation/judgments alongwith list. They are 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.
    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.
    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.
    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: 108470/2018
    Filing Date: 28-06-2018
    First Hearing Date: 15th February 2019
    Decision Date: 09th February 2023
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    2
    Final Order 1Full order available
    09 Feb 2023

    Order Details: Copy of Judgment Pdf Text: 1 MHCC010078562018 Received on : 28.06.2018 Registered on : 25.01.2019 Decided on : 09.02.2023 Duration : Y4.:M7:D11 Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.11 OF 2019 (Enquiry No.24/ME/ESTT of 2017 dt. 28.05.2018 ) CNR No. MHCC010078562018 Vijayalaxmi Narayan Surve (Deleted) Legal heir of late Shri Narayan D. Surve Age : 85 years, Retired Municipal Employee, R/at : Room No.15, Block No.E3, New Deonar Municipal…

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    Order 1Full order available
    09 Feb 2023

    Order Details: Copy of Judgment Pdf Text: 1 MHCC010078562018 Received on : 28.06.2018 Registered on : 25.01.2019 Decided on : 09.02.2023 Duration : Y4.:M7:D11 Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.11 OF 2019 (Enquiry No.24/ME/ESTT of 2017 dt. 28.05.2018 ) CNR No. MHCC010078562018 Vijayalaxmi Narayan Surve (Deleted) Legal heir of late Shri Narayan D. Surve Age : 85 years, Retired Municipal Employee, R/at : Room No.15, Block No.E3, New Deonar Municipal…

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