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M Appeal - Misc Appeal

Kiran Babubhai ZaveriVsKishori Jaswant Mehta

CNR MHSCA3000358202241-Judge C.R. No. 41
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 01st October 2025

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100076/2022
Registration Date
27 Apr 2022

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec O 43 · Rule 1(r)

Case History / Proceedings

Case History
Date: 30-04-2022
Business: Before the bench.
Appellant and Adv present.
Heard.
Order passed below Exh 1.
O - Perused impugned order.  M Appeal is admitted.  Issue notice to Respondent.
Adj for alias as per Exh 1.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Before the bench.
Both parties absent.  Adv for appellant present.
Adv for Respdt present.
SV filed by Adv for Respdt.
On oral request of adv for Respdt, adj for filing Reply.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court not sitting.  Both Presiding Officers are  on leave today.
Appellant and Advocate present.
Respondent and Advocate absent.
Adjourned for filing reply in Main.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Before the bench.
Appellant and  Adv present.
Respdt absent. H. Adv present.
On request of adv for Respdt, adj for filing reply in main.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Before the bench,
Both parties absent. Appellant adv. present. Holding adv. for respondent present. By consent adj. for filing reply in main.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Before the bench.
Appellant and Adv present.
Respdt and H. Adv present.
By consent, adj for filing reply. / Argument.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Before the bench.
Appellant and  Adv present.
Respdt absent.  H. Adv present.
Adj for argument.
Next Purpose: Argument at 2.45 P.M.
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Before the Bench
Appellant and Advocate present
Respondent absent  Advocate present. adjourned for hearing
Next Purpose: Argument at 2.45 P.M.
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Before the bench.
Both parties absent.  Adv for appellant present.
H. Adv for Respdt present.
By consent, adj for hearing.
Next Purpose: Argument at 2.45 P.M.
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Before the bench.
Both parties and Both Adv present.
Matter referred for Lok Adalat.
Next Purpose: Argument at 2.45 P.M.
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: Resumed before the panel Shri. S. S. Kadam, Panel Judge, Shri. P. A. Thaker, Panel Advocate.Both parties present. Advocate for appellant absent. Advocate for respondent present. Matter not settled before National Lok Adalat. Hence return back to regular court on regular stage.
Next Purpose: Argument at 2.45 P.M.
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Court not sitting. As one of the bench members Shri. A.H. Baig, Judge is on leave today.
Both parties absent.  Both adv present.
By consent, adj for hearing.
Next Purpose: Argument at 2.45 P.M.
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Before the bench.
Appellant and Adv present.
Respdt absent.  Adv present.
By consent, adj for hearing.
Next Purpose: Argument at 11.00 A.M.
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: CNS as Ld. Addl. Chief Judge, Shri V. P. Kadam,  is on leave.
Resume before I/c Court Room 31.
Appellant absent. Adv present.
Respdt. absent. H. Adv. Shahin Sayyed present.
Adj for hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Resume.
Appellant absent. Adv. present.
Respdt.  absent. H. Adv. present.
This matter is transferred  to Appellate Court Room No. 31, as per Office order No. 97 of 2023, dated 27/06/2023.
All concerns are directed to remain present in Appellate Court Room No. 31.
Adj for appearance in CR No 31/ hearing
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Resumed. Both parties are absent. Both adv. present.
B.C. Adjd. for hearing in main.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: As per office order 126 of 2023 resumed before Smt. A.S. Khadse, Addl. Chief Judge, and Smt. R.N. Bansal Judge.
Appellant and adv. present. Respondent and adv. absent.
Adjd. for hearing in main.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: Resumed before Incharge Court Room 41
as one of the Bench Member of Court Room no. 31 Smt. A.S.Khadse, ACJ, is on leave.
Adv. for Appellant present.
Adj. For Heg in Main.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Resumed. Appellant and both sides adv. present.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Resumed. Adv. for appellant and holding adv. for respondent present.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Court not sitting. Resumed before In-Charge Court Room No. 41, as Smt A. S. Khadse, ACJ and Smt R. N. Bansal, Judge are on leave.
Appellant and both side adv. are present.
Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Resumed. Appellant present. Adv. for appellant absent. Respondent absent. Adv. for respondent present.
Adv. for appellant appeared at 12.30 p.m.
Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Resumed. Appellant and both sides adv. are present.
By Consent Adjd. for hearing in main as last chance. (Matter is pending for hearing since August, 2023)
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Resumed before In-charge Court Room No.41 as one of the bench member of Court Room No.31. Smt. R.N. Bansal, Judge, is on leave.
Both sides adv. are present.
Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: Resumed. Both sides adv. are present.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Resumed. Appellant absent, adv. present. Respondent absent, adv. present.
Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Resumed. Adv. for appellant and holding Adv. Pallavi for respondent present.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Resumed. Both the parties are absent. Adv. for appellant and  Holding Adv Sayyed for respondent present.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: As per Office order No. 130 of 2019. Resumed before Special Bench of Smt A. S. Khadse, Addl. Chief Judge and Shri. K.N. Kayangude, Judge.
Adv for appellant present. Holding adv Pallavi Gaikwad present.
Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Resumed. Adv. for appellant and holding Adv. Pallavi Gaikwad for respondent present.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Resumed. Both the parties absent. Both sides adv. are present.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Resumed. Both the parties are absent. Both sides adv. are present.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: As per Office Order No. 130 of 2019 Resumed before Smt. A.S. Khadse, Addl. Chief Judge, and Shri. P.K. Kharate, Judge.
Appellant absent, adv. for appellant present. Respondent absent. Adv. for respondent present.
Adjd. for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: As per Office Order No. 130 of 2019 Resumed before Smt. A.S. Khadse, Addl. Chief Judge, and Shri. S.H. Inamdar, Judge.
Adv. for Appellant and H/Adv. Pallavi Gaikwad for Respdt present.
B.C. Adj. for Heg. in main
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: Resumed. Both the parties are absent. Adv. for appellant and holding Adv. Shahin Sayyad for respondent present.
By consent Adjd. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: As per Office Order No. 130/2019 dt. 21/09/2019, Resumed Before Special Bench of Shri. S.H. Inamdar, Judge and P.K. Kharate, Judge
Appellant Absent. Adv. for Appellant Present.
Respondent Absent Adv. for Respondent Present.
Adjn. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: As per Office Order No. 130/2019 dt. 21/09/2019, Resumed Before Special Bench of Shri. S. H. Inamdar, Judge and Shri. D. R. Mali, Judge.
Appellant and Adv. Present. Holding Adv. Pallavi Gaikwad for Respondent Present. Respondent absent.
Adj. for hearing in main.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 12-03-2025

Date: 12-03-2025
Business: As per Office Order No. 48/2025 dt. 05/03/2025, Resumed Before In charge Bench Shri. Ashish A.Ayachit, Addl. Chief Judge and Shri. D. R. Mali, Judge, Court Room No. 41.
Both parties absent. Adv. for Appellant present. Adv. for Respondent present.
Adj. for hearing in main Appeal.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: As per Office Order No. 48/2025 dt. 05/03/2025, Resumed Before In charge Bench Shri. A.A.Ayachit, Addl. Chief Judge and Shri. D. R. Mali, Judge, Court Room No. 41.
Adv. for Appellant present. H. Adv. Pallavi for S. K. Pise Adv. for respondent present.
By Consent. Adj. for hearing in main appeal.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: As Per Office Order No. 48/2025 dt. 05/03/2025, Resumed Before Incharge Bench Shri Ashish A. Ayachit, Addl. Chief Judge and Shri. D.R. Mali, Judge Court Room No. 41.
Appellant absent Adv present. Respdt absent Hld Adv present. B.C.Adj. for hearing in main appeal.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: As per Office Order No. 48/2025 dt. 05/03/2025, Resumed Before Incharge Bench Shri. Ashish A.Ayachit, Addl. Chief Judge and Shri. D. R. Mali, Judge, Court Room No. 41.
Both parties absent. Both side advocate present.
B.C adj for Heg in main
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: As per Office Order No. 48/2025 dt. 05/03/2025, Resumed Before Incharge Bench Shri. Ashish A.Ayachit, Addl. Chief Judge and Shri. D. R. Mali, Judge, Court Room No. 41. Both parties absent. Both side advocate present. B.C adj for Heg in main
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: Resumed.
Adv for Appellant present. Holding adv Shahin for Respdt present.
B.C Adj for Hg in main as last chance.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 01-10-2025

Date: 01-10-2025
Business: Resumed,
Both parties absent and Both Adv. present.
Argument heard by both Advocate.
Judgment pronounced in open Court.
Exh. 8/A- Judgment - 1. Appeal is dismissed. 2. The impugned order passed below Exh. 10 in LEC Suit No. 117 of 2021 dated 10.02.2022 passed by Small Causes Court, Bandra Mumbai (Court Room No. 34. BB) is confirmed. 3. Parties to bear their own costs. 4. Notify the judgment to the learned Trial Court. (Judgment dictated in open Court in between 2.50 pm to 3.10 pm).
Nature Of Disposal: Judgement
Disposal Date: 01-10-2025

Additional Case Details

Additional Case Details
Filing Number: 100104/2022
Filing Date: 19-03-2022
First Hearing Date: 30th April 2022
Decision Date: 01st October 2025
Court Number And Judge: 41-Judge C.R. No. 41

Orders

3
Final Order 2Full order available
01 Oct 2025

Order Details: Copy of Judgment Pdf Text: MHSCA30003582022 Presented on : 19.03.2022 Registered on : 30.04.2022 Decided on : 01.10.2025 Duration : 02 years 06 months 12 days IN THE COURT OF SMALL CAUSES, AT MUMBAI (APPELLATE BENCH) (BANDRA BRANCH) MISC. APPEAL NO. 76 of 2022 IN EXHIBIT-10 IN L. E & C SUIT NO.117 OF 2021 Mr. Kiran Babubhai Zaveri, of Mumbai, adult, Indian Inhabitant, aged about 57 years, Occ: Business residing at Flat no.504, C-Wingh, Acharya Ashram Co-operative…

Read Full Order
Interim Order 1
30 Apr 2022
Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
(CNR NO.MHSCA30003582022)
ORDER BELOW EXH 1
IN
MISC. APPEAL NO. 76 OF 2022
IN
EXHIBIT10
IN
L.E. & C SUIT NO. 117 OF 2021
Mr. Kiran Babubhai Zaveri ...Appellant/
(Org. Plaintiff)
V/s.
Mrs.Kishori Jaswant Mehta … Respondent/
(Org. Defendant)
Coram : Smt. S. B. Mahale
Additional Chief Judge,
&
N. P. Pawar, Judge,
Court Room No. 41,
Date : 30.04.2022
O R D E R
Perused impugned order. M. Appeal is admitted. Issue
notice to the Respondent r/o 06.06.2022.
I agree,
sd/ sd/
( N.P. Pawar ) ( S.B. Mahale )
Judge, Additional Chief Judge
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
30.04.2022 30.04.2022
-- 1 of 1 --
Order 1
30 Apr 2022
Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
(CNR NO.MHSCA30003582022)
ORDER BELOW EXH 1
IN
MISC. APPEAL NO. 76 OF 2022
IN
EXHIBIT10
IN
L.E. & C SUIT NO. 117 OF 2021
Mr. Kiran Babubhai Zaveri ...Appellant/
(Org. Plaintiff)
V/s.
Mrs.Kishori Jaswant Mehta … Respondent/
(Org. Defendant)
Coram : Smt. S. B. Mahale
Additional Chief Judge,
&
N. P. Pawar, Judge,
Court Room No. 41,
Date : 30.04.2022
O R D E R
Perused impugned order. M. Appeal is admitted. Issue
notice to the Respondent r/o 06.06.2022.
I agree,
sd/ sd/
( N.P. Pawar ) ( S.B. Mahale )
Judge, Additional Chief Judge
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
30.04.2022 30.04.2022
-- 1 of 1 --

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