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Appeal 2a

Dilip Jasaramji MaliVsRamesh Ganesh Saxena

CNR MHSCA3000505202341-Addl. Chief Judge C.R.No. 41
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 02nd November 2023

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100019/2023
Registration Date
19 Jun 2023

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Maharashtra Rent Control Act · Sec Section34

Case History / Proceedings

Case History
Date: 01-07-2023
Business: CNS as Ld. Judge, Shri A. H. Baig,  is on leave.
Resume before I/c Court Room 31.
Appellant and Representative of Adv. present.
Respdt. absent.
On request of Appellant adj for admission.
Next Purpose: Admission at 11.00 A.M.
Next Hearing Date: 07-07-2023

Date: 07-07-2023
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.
Respondent absent.
Adv for appellant argued on admission.
Order passed below Exh.1.
Admitted. Order-Issue Notice to the Respondent.
R/o 15 July-23. S.S.Allowed.
Exh-6 stay application filed by appellant.
Order passed below Exh.6.
Admitted. Order-Issue Notice to the Respondent.
R/o 15 July-23. S.S.Allowed
Adj for alias as per Exh.1 and 6.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 15-07-2023

Date: 15-07-2023
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. and Adv. present.
Exh. 9- SV of Respdt.
Adj for reply to Exh. 06.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Resumed.
Appellant absent. H. Adv. present.
Respdt. absent. counsellor Adv. N. H. Pathak present.
Exh. 7- Reply to Exh. 06 filed by Respdt.
Adj for hearing in Exh. 06
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Resumed.
Appellant present. Adv. present.
Respdt. absent. Adv. N. H. Patil present.
Exh. 8- Application to file Affidavit in rejoinder.
H/w say given by other side.
Order passed below Exh. 8.
O. Application allowed. (see detailed order).
Exh. 9- Affidavit of rejoinder filed by Adv. for Appellant.
Adj for filing valuation report if any / supplying to other side.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Resumed.
Appellant and H. Adv. Shweta Agarwal present.
Respdt. absent. Adv. N. H. Pathak present.
Adj for filing valuation report if any / supplying paper book to other side.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: Resumed.
Appellant  with Adv. present.
Respdt. absent. Adv. present.
Exh. 10/D- Application for to take valuation report on record filed by Adv. for Appellant. other side to say H/w say given by Adv. for Respdt. O.- Application allowed.
Exh. 11/D- Application for produced valuation report filed by Respdt. Adv. other side to say H/w say given by Adv. for Appellant. O.- Application allowed.
Exh. 12/D-  Valuation report filed by Respdt.
Exh. 13/D- valuation report filed by Appellant.
Heard both Adv.
Exh. 14/D- List of Authority filed by Appellant Adv.
Exh. 15/D- List of citation filed by Appellant Adv.
Adj for order on Exh. 12 and 13.
Next Purpose: Orders at 2.45 P.M.
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Resumed.
Appellant and Adv. absent.
Respdt. absent. Adv. present.
Adj for Judgment in Exh. 12 and 13.
Next Purpose: NoticeAppln. For Judgment at 2.45 p.m.
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Resumed.
Appellant present. Adv. absent.
Respdt. absent. Adv. present.
Order passed below Exh. 6- Application allowed (see detailed order)
Adj for compliance of  order below Exh. 6 / hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Resumed.
Appellant and H. Adv. present.
Respdt. absent. Adv. present.
Exh. 16- Application for condonation of delay in depositing amount of compensation filed by Adv. for Appellant.
H/w say given by Other side.
Order passed below Exh. 16.
O.- 1. The application is allowed.
2. The Appellant is permitted to deposit the amount of compensation as per order below Exh. 06 dt. 09.08.2023 for the period from 20.04.2023  to September, 2023 on today itself.
3. The stay is continued as per order dated 09.08.2023 passed vide. Exh. 06.
4. parties to take note.
Adj for compliance of order below 16/ hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: Resumed.
Appellant and Adv present.
Respondent absent. Adv present.
Adv for appellant argued partly.
Adj for further argument of appellant.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Resumed.
Appellant and Adv. present.
Respdt. absent. Adv. present.
Adv. for appellant argued fully.
Adj for argument of Respdt.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Resumed.
Appellant present. H. Adv. Gayatri for Lalit Jain Adv. for Appellant present.
Adv. for Respdt. present.Adv,. Niranjan Pathak counsel of Respdt. present.
Heard Adv. for Respdt. partly.
Adj for further argument of Rest.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Resumed.
Appellant and H. Adv. present.
Respdt. absent. Adv. present.
Exh. 17- List of citation filed Adv. for Respdt. (Filed)
Adv. for Respdt. argued fully.
Adj for argument of Adv. for Appellant on law point.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Resumed.
Appellant absent. Adv. present.
Respdt. present. Adv. present.
Adv. for appellant argued fully on law point
Adj for Judgment.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Resumed.
Appellant present. Adv. absent.
Respdt. and Adv. present.
Judgment pronounce in open court.
O.- 1. 2A Appeal is dismissed.
2. The Judgment and decree dated 20/04/2023 passed in RAE Suit No. 438/2017 by the learned trial Judge of Court Room No. 33 is hereby confirmed.
3. Parties to bear their own costs.
4. Decree be drawn up accordingly.
This proceeding is closed.
Nature Of Disposal: Judgement
Disposal Date: 02-11-2023

Additional Case Details

Additional Case Details
Filing Number: 201485/2023
Filing Date: 17-06-2023
eFiling Number: AMH20220000947C202300012
eFiling Date: 14-06-2023
First Hearing Date: 01st July 2023
Decision Date: 02nd November 2023
Court Number And Judge: 41-Addl. Chief Judge C.R.No. 41

Orders

12
Final Order 7
02 Nov 2023
Order Details: Decree
Pdf Text: -- 1 of 3 --
-- 2 of 3 --
-- 3 of 3 --
Final Order 6Full order available
02 Nov 2023

Order Details: Copy of Judgment Pdf Text: 1 (Judg.) 2(a) Appeal No.19 of 2023 MHSCA30005052023 Presented on : 25.05.2023 Registered on : 19.06.2023 Decided on : 02.11.2023 Duration : Yrs. Ms. Ds. 00 05 08 IN THE COURT OF SMALL CAUSES AT BOMBAY (APPELLATE COURT) (BANDRA BRANCH) 2(a) Appeal No.19 of 2023 In R.A.E Suit No.438 of 2017 Mr.Dilip Jasaramji Mali Aged 45 years, Occ.Business Residing at Flat No.2B, 2nd Floor, Saxena House, 13, Jai Prakash Nagar, Road No.2, Goregaon…

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Interim Order 5Full order available
13 Sept 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023) ORDER BELOW EXH 16 IN 2A APPEAL NO. 19 OF 2023 IN RAE SUIT NO. 438 OF 2017 Mr. Dilip Jasaramji Mali ...Appellant/ (Original Defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original Plaintiff ) Lalit V. Jain : Advocate for the Appellant. Shweta R. Agrawal : Advocate for the Respondent. Coram : M. S. Pathan, Additional Chief Judge,…

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Interim Order 4Full order available
09 Aug 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023) ORDER BELOW EXH 6 IN 2A APPEAL NO. 19 OF 2023 IN RAE SUIT NO. 438 OF 2017 Mr. Dilip Jasaramji Mali ...Appellant/ (Original Defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original Plaintiff ) Lalit V. Jain : Advocate for the Appellant. Shweta R. Agrawal : Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief…

Read Full Order
Interim Order 3Full order available
01 Aug 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023 ) ORDER BELOW EXH 11 IN 2A APPEAL NO.19 OF 2023 IN RAE SUIT NO. 438 of 2017 Mr. Dilip Jasaramji Mali ...Appellant/ (Original defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original plaintiff) Lalit V. Jain : Advocate for the Appellant. Shweta Agrawal : Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief Judge, &…

Read Full Order
Interim Order 2Full order available
01 Aug 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023 ) ORDER BELOW EXH 10 IN 2A APPEAL NO.19 OF 2023 IN RAE SUIT NO. 438 of 2017 Mr. Dilip Jasaramji Mali ...Appellant/ (Original defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original plaintiff) Lalit V. Jain : Advocate for the Appellant. Shweta Agrawal : Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief Judge, &…

Read Full Order
Interim Order 1Full order available
18 Jul 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023) ORDER BELOW EXH 8 IN 2A APPEAL NO. 19 OF 2023 IN RAE SUIT NO. 438 OF 2017 Mr. Dilip Jasaramji Mali ...Appellant (Ori. Defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original Plaintiff ) Lalit Jain : Advocate for the Appellant Shweta Agrawal : Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief Judge, &…

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Order 5Full order available
13 Sept 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023) ORDER BELOW EXH 16 IN 2A APPEAL NO. 19 OF 2023 IN RAE SUIT NO. 438 OF 2017 Mr. Dilip Jasaramji Mali ...Appellant/ (Original Defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original Plaintiff ) Lalit V. Jain : Advocate for the Appellant. Shweta R. Agrawal : Advocate for the Respondent. Coram : M. S. Pathan, Additional Chief Judge,…

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Order 4Full order available
09 Aug 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023) ORDER BELOW EXH 6 IN 2A APPEAL NO. 19 OF 2023 IN RAE SUIT NO. 438 OF 2017 Mr. Dilip Jasaramji Mali ...Appellant/ (Original Defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original Plaintiff ) Lalit V. Jain : Advocate for the Appellant. Shweta R. Agrawal : Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief…

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Order 3Full order available
01 Aug 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023 ) ORDER BELOW EXH 11 IN 2A APPEAL NO.19 OF 2023 IN RAE SUIT NO. 438 of 2017 Mr. Dilip Jasaramji Mali ...Appellant/ (Original defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original plaintiff) Lalit V. Jain : Advocate for the Appellant. Shweta Agrawal : Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief Judge, &…

Read Full Order
Order 2Full order available
01 Aug 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023 ) ORDER BELOW EXH 10 IN 2A APPEAL NO.19 OF 2023 IN RAE SUIT NO. 438 of 2017 Mr. Dilip Jasaramji Mali ...Appellant/ (Original defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original plaintiff) Lalit V. Jain : Advocate for the Appellant. Shweta Agrawal : Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief Judge, &…

Read Full Order
Order 1Full order available
18 Jul 2023

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30005052023) ORDER BELOW EXH 8 IN 2A APPEAL NO. 19 OF 2023 IN RAE SUIT NO. 438 OF 2017 Mr. Dilip Jasaramji Mali ...Appellant (Ori. Defendant) V/s. Mr. Ramesh Ganesh Saxena …Respondent/ (Original Plaintiff ) Lalit Jain : Advocate for the Appellant Shweta Agrawal : Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief Judge, &…

Read Full Order

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