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M Appeal - Misc Appeal

Siddharth Chandrashekhar RangnekarVsVIJAYKUMAR VASANTRAO HATE

CNR MHSCA3000413202141-Judge C.R. No. 41
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 05th October 2021

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100072/2021
Registration Date
11 May 2021

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec O43

Case History / Proceedings

Case History
Date: 07-06-2021
Business: Bench sitting as per Office Order 37 of 2021 and  Notice as per Honorable H.C. Circular No. I/34/2021 dtd 22/04/2021.
Nobody present.
Adj for Admission.
Next Purpose: Admission at 11.00 A.M.
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Resumed, As per office order 37/21 and 45/21 to take only urgent matters.
Nobody present.
Adj for admission.
Next Purpose: Admission at 11.00 A.M.
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: Before the bench.
Appellant present.  Adv present.
Holding Adv for respdt suo -moto present.
Order passed below Exh 1.
O- Heard. M Appeal Admitted.Issue notice to respdt on due PF.
Stay appln filed by adv for appellant.
O- Heard Ld adv for appellant. Issue notice to respdt on due PF.
SV filed by adv for respdt. (Adv. S.J. Ghadge)
Adj for alias as per Exh 7.(Stay appln)
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Before the bench.
Both parties and H. Adv for appellant present.
Respdt served Exh 7 on 30.07.2021 as per bailiff report.
Adj for reply in Exh 7.
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Before the bench.
Appellant absent and his H. Adv present.
Respdt and H. Adv present.
Reply filed in Exh 7 by Adv for respdt.
Adj for hearing in Exh 7.
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Before the bench.
Adv for appellant present.
Respdt and Adv present.
Partly heard on Exh 7 by Adv for appellant.
Adj for further argument on Exh 7 by Adv for appellant.
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Before the bench.
Appellant absent.  H. Adv present.
CA of respdt and Adv present.
Adjournment appln filed by Adv for appellant.
HW say given by other side.
O - Adjournment granted with direction to proceed on next date without fail.
Adj for further argument in Exh 7 by appellant.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Before the bench.
Both parties absent.
Both Adv present.
Both Adv argued.
Adj for argument if any.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Before the bench.
Both parties absent.
Both H. Adv present.
Judgement dictated and declared in open court.
ORDER-1. Appeal is allowed.
2. The order of injunction passed by learned Trial Judge presiding over C.R.No.37, thereby, restraining the defendant from parking his vehicles in the compound, is hereby set aside.
3. Application Exh 17 is hereby rejected.
4. Inform learned Trial Court.
Proceeding Closed.
Stay appln filed by H. Adv for respdt.
H.W. Say given by H. Adv for appellant.
Order passed below Exh 12.
O - Perused application and say. On perusal of record and considering all the submissions and circumstances this court come to the conclusion that the plaintiff fail to establish prima fecie case and no prejudice will cause to him, hence order granting stay by the trial court is set aside. In this premise this court is not inclined to grant stay as prayed as these remains to executable order after this court passed the order.
Application rejected.
Proceeding Closed.
Nature Of Disposal: Judgement
Disposal Date: 05-10-2021

Additional Case Details

Additional Case Details
Filing Number: 100127/2021
Filing Date: 07-04-2021
First Hearing Date: 07th June 2021
Decision Date: 05th October 2021
Court Number And Judge: 41-Judge C.R. No. 41

Orders

2
Final Order 2
05 Oct 2021
Order Details: Order on Exhibit
Pdf Text: IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
(APPELLATE BENCH)
(CNR No. MHSCA30004132021)
ORDER below Exh.12
In
M APPEAL NO. 72 OF 2021
In
EXHIBIT 17
In
R.A.E. SUIT NO. 476 OF 2017
Shri Siddharth Chandrashekhar Rangnekar .. Appellant
(Org. Defendant)
Versus
Mr. Vijaykumar Vasantrao Hate .. Respondent
(Org. Plaintiff)
: ORDER :
1. Perused application and say. On perusal of record
and considering all the submissions and circumstances, this Court
come to the conclusion that the plaintiff fail to establish prima facie
case and no prejudice will cause to him, hence order granting stay
by the trial court is set aside. In this premise, this court is not
inclined to grant stay as prayed as there remains to executable
order after this court passed the order.
2. Application rejected.
Mumbai.
Dated : 05.10.2021
I agree,
Sd/ Sd/
(N.P. Pawar) (S.B. Mahale)
Judge Additional Chief Judge
Court Room No.41 Court Room No.41
Small Causes Court(BB), Mumbai Small Causes Court(BB), Mumbai
/home/steno41/Desktop/C.R.41/S.Mahale/handwritten order/72.21M AppealExh.1205.10.21.odt rcp.
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Final Order 1Full order available
05 Oct 2021

Order Details: Copy of Judgment Pdf Text: .. 1 .. Judgment in M Appeal 72 of 2021 Presented on : 07.04.2021 Registered on : 11.05.2021 Decided on : 05.10.2021 Period required for disposal : Years 00 Months 05 Days 28 IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) (APPELLATE BENCH) (CNR No. MHSCA30004132021) M APPEAL NO. 72 of 2021 In EXHIBIT 17 In R.A.E. SUIT NO. 476 OF 2017 Shri Siddharth Chandrashekhar Rangnekar Age and Occupation : Not…

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