Order Details: Copy of Judgment Pdf Text: MHCC010079152018 Received on : 29.06.2018 Registered on : 25.10.2018 Decided on : 09.02.2023 Duration : Y4 :M7 : D10 Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO. 321 OF 2018 (Enquiry No.ME/58/Estate of 2017 dt. 30.05.2018) CNR No. MHCC010079152018 Madhukar M. Kanthe Retired municipal employee, Aged : 74 years R/at : Room No.5, Block No. E7 New Deonar Muncipal Colony Govandi, Mumbai 400 043, ...…
MISC APPEAL
Madhukar M. KantheVsMCGM
CNR MHCC01007915201819-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
- 100321/2018
- Registration Date
- 25 Oct 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: 03-12-2018 Business: Adv. Rikin Dang for appellant present. Adv. A.V. Divate for respondent present. Adjd. to 07/01/2019 for R and P. Earlier order to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 07-01-2019 Date: 07-01-2019 Business: Adv. Kavita Sharma for appellant present. None present for the respondent. Adjd. to 07/02/2019 for R and P. Earlier order to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 07-02-2019 Date: 07-02-2019 Business: Adv. Rickin Dang for appellant present. Adv. A.V. Diwate for respondent present. Ld. Counsel for respondent seeks time to file R and P Adjd. to 08/04/2019 for R and P. Earlier order to continue till next date. Next Purpose: AWAITING R AND P Next Hearing Date: 08-04-2019 Date: 08-04-2019 Business: Adv. Kavita Sharma for appellant present. Counsel Adv. Vikrant V. Parashurami a/w Adv. A.V. Diwate for respondent present and has filed R and P of proceeding of Inquiry Officer t.o.r. He undertakes supply copy thereof to the adv. of appellant before next date. In view of this on request of both parties Matter is adjd. to. 19.07.2019 for hearing the appeal as well as stay application. E.O. to continue till next date. Next Purpose: HEARING Next Hearing Date: 19-07-2019 Date: 19-07-2019 Business: Adv. Ms. Kavita Sharma for Appellant present. Adv. Mr. Divate alongwith Parshurami for Respondent/BMC present. Earlier order to continue till next date. By consent matter adj. to 07/10/2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 07-10-2019 Date: 07-10-2019 Next Purpose: HEARING Next Hearing Date: 20-12-2019 Date: 20-12-2019 Business: Adv. Arvind Giriraj a/w Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant present. Adv. Mr. Parshurame a/w Adv. A.V. Diwate for respondent present. Adjourned to 17.01.2020 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 17-01-2020 Date: 17-01-2020 Business: Adv. Arvind Giriraj a/w Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant present. Adv. Dharmesh Vyas a/w Adv. Som Sinha and Adv. A. V. Diwate for respondent/BMC present. At the request of advocate for respondent, adjourned to 12.02.2020 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 12-02-2020 Date: 12-02-2020 Business: Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present. Adv. Vikrant Parashurame a/w Adv. A. V. Diwate for respondent/BMC present. By consent, adjourned to 18.03.2020 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 18-03-2020 Date: 18-03-2020 Business: Adv. Kavita Sharma h/f M/s. Ganesh and Co for appellant is present. Adv. A. V. Diwate for respondent is present. By consent, adjourned to 29.04.2020 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: HEARING Next Hearing Date: 29-04-2020 Date: 29-04-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 20-05-2020 Date: 20-05-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 08-06-2020 Date: 08-06-2020 Business: Due to outburst of Covid19 there is direction from the Honble High Court to take urgent matters like bail, remand work, interim injunction and stay application, hence matter is adjourned. Next Purpose: HEARING Next Hearing Date: 08-07-2020 Date: 08-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 10-08-2020 Date: 10-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 08-09-2020 Date: 08-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 03-10-2020 Date: 03-10-2020 Business: Both sides absent. Due to COVID-19 adjourned to 27.10.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 27-10-2020 Date: 27-10-2020 Business: None present for appellant. Adv. A. V. Diwate for respondent is present. Adjourned to 27.11.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 27-11-2020 Date: 27-11-2020 Business: None present for appellant. Adv. A. V. Diwate for respondent/BMC present. Adjourned to 18.12.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 18-12-2020 Date: 18-12-2020 Business: None present for appellant. Adv. A. V. Diwate for respondent/BMC is present. Adjourned to 29.01.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 29-01-2021 Date: 29-01-2021 Business: None present for appellant. Adv. Dharmesh Vyas a/w Adv. A. V. Diwate for respondent/BMC present. Since connected group is kept on 01.02.2021, matter adjourned to 01.02.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 01-02-2021 Date: 01-02-2021 Business: Adv. Arvind Giriraj a/w Adv. Gauri Joshi i/b M/s. Ganesh and Co for appellant present. Adv. Dharmesh Vyas a/w Adv. A. V. Diwate for respondent/BMC present. Since connected matters are listed on 12.02.2021, matter adjourned to 12.02.2021 for Hearing. Earlier order, if any, to continue till next date only. 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. 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. Vikrant Parashurami for respondent/BMC in MA No.261/18 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. 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. Adv. Advait Hattangadi h/f Adv. V. V. Parashuram in Misc Appeal No.170/18, 178/18, 261/18 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. 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 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. Adv. Akash Vikram Singh h/f Adv. Vikrant Parshurami for respondent/MCGM in Misc. Appeal No.261/18, 170/18 and 178/18 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. 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. 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. 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. 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. 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. Vikrant V. Parashurami for respondent/BMC in Misc. Appeal No.178/18, 170/18 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. Heard final arguments of Ld. counsel Mr. Vyas for respondent/BMC. Adv. Parashurami 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. 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 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. Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 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. Vikrant Parshuram for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 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. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 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: 108577/2018 Filing Date: 29-06-2018 First Hearing Date: 03rd December 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: MHCC010079152018 Received on : 29.06.2018 Registered on : 25.10.2018 Decided on : 09.02.2023 Duration : Y4 :M7 : D10 Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO. 321 OF 2018 (Enquiry No.ME/58/Estate of 2017 dt. 30.05.2018) CNR No. MHCC010079152018 Madhukar M. Kanthe Retired municipal employee, Aged : 74 years R/at : Room No.5, Block No. E7 New Deonar Muncipal Colony Govandi, Mumbai 400 043, ...…
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