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R Appeal

Bhavanbhai Dayabhai Vala(Legal Heir) +5 moreVsSmt. Tarla Talakshi Shah +3 more

CNR MHSCA3000242202231-Judge C.R.No. 31
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 01st October 2022

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100044/2022
Registration Date
22 Feb 2022

Advocates

2

For Petitioner

For Respondent

Parties

10

Acts & Sections

1
Maharashtra Rent Control Act · Sec 34

Case History / Proceedings

Case History
Date: 02-03-2022
Business: Resumed, Adv for appellant present, Heard Appeal is admitted.
Adj for alias
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Resumed, Holding adv for appellant present. Respondent No. 2 present and filed memo of appearance for self and CA of respondent No. 1,3. Appln for service filed by adv for appellant. Appln allowed.
Adj for alias against respondent No. 4 a per Exh 8.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Resumed, Holding adv for appellant present. Respondent absent,
Adj for awaiting RP report of respondent No. 4
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Exh.9/D. S.V. for Respdt. no.4
Resumed before Shri. M. N. Saleem, Addl. Chief Judge, and Shri K. B. Kamgauda, Judge.
App. ab. Adv. ab. Respdt. ab. Adv.Nitin Tungare filed S.V. for Respdt.no. 4 O. filed. Matter is adj. for hg. of main appeal (Respdt. no.2 is in person for self and For Respdt.no. 1 and 3 and filed written argument)
Next Purpose: Appeal for Hearing at 2.45 P.M.
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Exh.10/D. RPAD ACK for Respdt. no.4.
Resumed before Shri. M. N. Saleem, Addl.ch.Judge and Shri. K. B. KamGauda, Judge.
App. ab. Holding adv. pr. Respt. no. 2 in person  and for Respdt. no. 1 and 3 ab. Adv. for respdt. no. 4 pr. Matter is adj. for hg as a last chance. (Written notes of arg. filed by Respdt. no. 1 to 3).
Next Purpose: Appeal for Hearing at 2.45 P.M.
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Resumed.
App. ab. Holding adv. pr. Respdt. ab. Adv. for respdt. no.4 pr. Matter is adj. for hg. a last chance (Respdt.  filed written arg.).
Next Purpose: Appeal for Hearing at 2.45 P.M.
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Resumed.
Appellant absent. Adv. for Appellant present. Respondent absent. Adv. for Respdt. no.4 present. Adv. for appellant requested that he will file written argument on next date. Adjn. for filling written argument by appellant. (Respondents already filed written argument.)
Next Purpose: Appeal for Hearing at 2.45 P.M.
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Exh.11/D. Written arg. of App.
Resumed.
App. ab. Adv. pr. Respdt. No 2 in person ab. respdt. no.4 ab. Adv. for resdt. no.4 pr. App. adv. filed. wriitem notes of arg. O. filed. By consent matter is adj. for oral sub. of both the adv. adv. for app. and adv. for respdt. no.4. (Respdt. no. 2 appear in person for self and for respdt. no. 1 and 3)
Next Purpose: Appeal for Hearing at 2.45 P.M.
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Resumed.
App. ab. Holding adv. pr. Respdt.no.4 ab.Respdt. no. 2 for self and for respdt. no. 1 and 3 ab. adv. for respdt. no.4 pr. Matter is adj. for arg. of adv. for respdt. no.4 (App. filed written arg.)
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Resumed.
App. and adv. ab. Respdt. ab. ADv. for respdt. no. 4 pr. Appellant and resdtp. no. 1 to 3 already filed written notes of arg. Heard arg. of adv. for respdt. no.4 at full length.  Matter is adj. for judgment.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Resumed. Appellant and adv. for appellant present. Respondent absent. Adv. for  respondent present. Adv. for appellant argued on law point fully. Judgment pronounce in open Court.
Order – 1) The R Appeal is dismissed. 2) The Judgment and decree dated 16th December, 2021, passed by Learned Trial Court Room  No.35 in R.A.D. Suit No. 564 of 2015 is hereby confirmed. 3) The parties to the appeal / suit are hereby informed that the parties shall take back the original documents as per the procedure laid down in Paragraph No. 524 to 528 of the Bombay High Court Civil Manual, failing, which, those shall be destroyed on expiry of time frame as to destruction of documents as laid down in Paragraph No. 524 of the Bombay High Court Civil Manual. 4) Parties to bear their own costs. 5) Decree be drawn up accordingly.
Nature Of Disposal: Judgement
Disposal Date: 01-10-2022

Additional Case Details

Additional Case Details
Filing Number: 100012/2022
Filing Date: 06-01-2022
First Hearing Date: 02nd March 2022
Decision Date: 01st October 2022
Court Number And Judge: 31-Judge C.R.No. 31

Orders

2
Final Order 2Full order available
01 Oct 2022

Order Details: Decree Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT BANDRA, MUMBAI (APPELLATE BENCH) [CNR No.: MHSCA30002422022] (R) Appeal No. 44 of 2022 In R.A.D. Suit No. 564 of 2015 1. Shri Bhavanbhai Dayabhai Vala, ) (Since Deceased) ) Age about 74 Years, Occupation: Business, ) 1.1. Smt. Majulaben Bhavanbhai Vala, ) Aged about 69 Years, Occupation: Housewife, ) Hindu Adult, Indian Inhabitant of Mumbai, ) Residing at Room No. 12, Shah Bhuvan, ) Ashra Colony, Kasturba…

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Final Order 1Full order available
01 Oct 2022

Order Details: Copy of Judgment Pdf Text: 1 Presented on Registered on Decided on : : : 06.01.2022 22.02.2022 01.10.2022 Period required for the disposal 00 Years 09 Months 09 Days IN THE COURT OF SMALL CAUSES AT MUMBAI (Bandra Branch) [CNR No.:- MHSCA3-000242-2022] R-Appeal No. 44 of 2022 In R.A.D. Suit No. 564 of 2015 1. Shri Bhavanbhai Dayabhai Vala (Since Deceased) Age about 74 Years, Occup: Business, 1.1. Smt. Majulaben Bhavanbhai Vala Aged about 69 Years, Occupation: Housewife,…

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