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M Appeal - Misc Appeal

M/s.Dolphin Build HomeVsRitesh Ramesh Desai s/o Late. Ramesh Raghunath Desai

CNR MHSCA3001092202241-Addl. Chief Judge C.R.No. 41
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 07th October 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100015/2023
Registration Date
21 Mar 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Maharashtra Rent Control Act · Sec 34

    Case History / Proceedings

    Case History
    Date: 28-03-2023
    Business: Before the bench.
    Appellant absent. Adv for appellant Pradeep Yadav present.
    Order passed below Exh 1.
    O - 1. Heard learned advocate for appellant namely Mr. Pradeep Yadav.
    2. The order under challenge is against the appellant and therefore he has challenged the trial court order wherein the appellant was directed to provide alternate accommodation or to pay rent at the rate of Rs.10,000/-p.m as a rent for transit area.  Thus that order is under challenge, definitely (Misc) appeal has filed against that order.  Admitted the Misc. Appeal. Issue notice to the respondents on P.F.
    Adj for alias as per Exh 1.
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: Before the bench.
    Both parties and Both Adv present.
    Memo of appearance filed by Adv for Respdt and waived the service in open court.
    Stay appln filed by Adv for appellant.
    O - O.S. to say.
    Adj for filing say on Exh 10 and SV of Respdt.
    Next Purpose: Notice for Reply at 2.45 P.M.
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: Resumed,
    Appellant absent.  H. Adv for appellant Santosh Yadav present.
    Respdt and Adv absent.
    Adj for say on Exh 10 . / Filing SV of Respdt.
    Next Purpose: Notice for Reply at 2.45 P.M.
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: CNS as Ld. Addl. Chief Judge, Shri V. P. Kadam,  is on leave.
    Resume before I/c Court Room 31.
    Appellant absent. Representative of Adv. present.
    Respdt. absent.
    Adj for say on Exh. 10 (Stay application) / filing SV of Respdt.
    Next Purpose: Notice for Reply at 11.00 A.M.
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: CNS as Ld. Addl. Chief Judge, Shri V. P. Kadam,  is on leave.
    Resume before I/c Court Room 31.
    Appellant absent. Holding adv Pradeep Yadav present.
    Respondent absent.
    Adj for say on  Exh.10 (Stay application)/ filing S.V. of Respdt.
    Next Purpose: Notice for Reply at 11.00 A.M.
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Resumed.
    Appellant absent. Holding Adv Mr Pradeep Yadav present.
     Respondent absent.
    Order passed below Exh.1-
    ORDER -Respondent failed to appear before the Court, though duly served vide Exh.08. Hence proceed Ex-parte against him.
    Order passed below Exh.10.-Application is rejected.( See detail order)
    Adj for Ex-parte hearing.
    Next Purpose: Ex-parte Hearing at 11.00 A.M.
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Resumed.
    Both parties are absent. Holding Adv. for Appellant present.
    Adj. for Ex-parte Hearing.
    Next Purpose: Ex-parte Hearing at 11.00 A.M.
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: Resumed.
    Appellant absent. Holding adv Pradeep Yadav present.
    Respdt absent. Adv Yadnesh Aher present.
    Adv Yadnesh Aher orally stated that he will file vakalatnama for respdt on next date
    Adj for fililng vakalatnama of respdt / hg.
    Next Purpose: Ex-parte Hearing at 11.00 A.M.
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: Resumed.
    Representative of Appellant Muddasil Khan present. Adv. absent.
    Respdt. absent.
    Adj for filing Vakalatnama of Respdt. / hearing.
    Next Purpose: Ex-parte Hearing at 11.00 A.M.
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Resumed.
    Nobody present.
    Adj for filing Vakalatnama of Respdt. / hearing.
    Next Purpose: Ex-parte Hearing at 11.00 A.M.
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: CNS as Ld. Addl. Chief Judge, Shri M. S. Pathan,  is on leave.
    Resume before I/c Court Room 31.
    Appellant absent. Holding Advocate Pradeep Yadav present.
    Respondent absent Holding advocate Mr. Yadnesh Aher present.
    Adjourned for SV of respondent / hearing.
    Next Purpose: Ex-parte Hearing at 11.00 A.M.
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Resumed.
    Appellant absent. H. Adv. Pradeep Yadav present.
    Respdt. absent. Adv. present.
    Exh. 11- SV of Respdt. (Filed)
    Exh. 12- Application to set aside order dated 24/07/2023. (O. S. to say)
    H/w say given by other side.
    Order passed below Exh. 12- In the interest of Justice and to decide the matter on merit Ex parte order dt. 24/07/2023 is hereby set aside. The parties take note.
    Adj for hearing.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: Resumed.
    Appellant and Adv. absent.
    Respdt. absent. Adv. Present.
    Form E for referring matter to Lok Adalat held on 09/12/2023 signed by Adv. For Respdt. Filed in M Appeal 14/2023
    Adj for Lok Adalat
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 09-12-2023
    
    Date: 09-12-2023
    Business: Resumed before National Lok Adalat Panel Head Smt. V.G. Upadhye, Judge and Panel Member Shri. Uttam S. Rane, Advocate.
    Both parties and adv. are present.
    Parties showed their willingness to settle. Hence they were given time to discuss on the amicable settlement for one hour. However, settlement was not arrived at.
    Matter not settled before National Lok Adalat. Hence return back to regular Court on regular stage.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 02-01-2024
    
    Date: 02-01-2024
    Business: Resumed.
    Representative of Appellant  Muddasil Khan present. Adv. absent.
    Respdt. absent.  Adv. present.
    On request of Representative of Appellant, Adj for hearing.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: CNS as  Shri. M.S. Pathan, Additional Chief Judge presiding in this Court Room No. 41 is on leave.
    Resumed before the Special bench consisting of Smt.A. S. Khadse Additional Chief Judge and Shri D. S. Dabhade, Judge, presiding in Court Room No. 31, as per office order No. 06 of 2024 dt. 11/01/2024.
    Appellant absent. H. Adv. Pradeep Yadav present.
    Respdt.absent.  Adv. present.
    By consent, Adj for hearing.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: Resumed.
    Representative of Appellant Muddasil Khan present. Adv. absent.
    Respdt. and Adv. absent.
    Adj for hearing. / order.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 01-02-2024
    
    Date: 01-02-2024
    Business: Resumed.
    Appellant absent. H. Adv. Pradeep Yadav present.
    Respdt. and Adv. present.
    Adv. for Appellant argued fully
    Adv. for Respdt. adopted his argument in M Appeal 14/2023.
    Adj for Judgment.
    Next Purpose: Judgment at 2.45 P.M.
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    
    Date: 03-03-2024
    Business: Resumed before the Panel of National Lok Adalat. Smt. V. G. Upadhye, Judge, Panel Head, Shri. Pankaj A. Thaker, Ld. Advocate, Panel Member.
    Partner of Plff present.
    Matter not settled before National Lok Adalat. Hence return back to regular court on regular stage.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: As per office order No. 37/2024, Resume before In-charge Court Room No. 31.
    Appellant and Adv. absent.
    Respdt. and Adv. absent.
    Adj for hearing.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: As per office order No. 37/2024, Resume before In-charge Court Room No. 31.
    Appellant absent. Holding adv. present. Respdt. absent. Adv. Yadnesh Aher Present.
    Adj. for Hrg.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 25-04-2024
    
    Date: 25-04-2024
    Business: As per Office Order No. 37/24, Resumed
    before In charge Court Room No. 31.
    Appellant and Adv absent. Adv for Respdt present.
    Adj for Hrg.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: As per Office Order 37/24 Resumed before In Charge Court Room No. 31.
    Appellant and Adv absent. Adv for Respdt present. Respdt absent.
    Adj for Hrg.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: As per Office Order No. 37/24, Resumed before In charge Court Room No. 31.
    Appellant and Adv absent. Respdt. absent Adv for Resdpt present.
    Adj for Hrg.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: As per Office Order No. 139/19 Resumed, Before special bench A.S. Khadse and K.M. Kayangude. (In charge CR. 31).
    Appellant and Adv absent. Respdt and Adv present.
    Adj for Hrg./Order.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
    Appellant absent, H/Adv. Pradip Yadav present, Respdt absent, Adv. present,
    H/Adv. for Appellant orally submitted that, he will positively argue on next date, on his failure Court is at liberty to pass necessary order.
    Adj. for Heg. / Order
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 12-09-2024
    
    Date: 12-09-2024
    Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
    Appellant and adv absent. Respondent absent Adv for respondent present.
    Nobody present for appellant.
    No argument made. No appln of any kind is filed. Hence, Adj. for dismissal order.
    Next Purpose: Order at 11 A.M.
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
    Both parties absent H/Adv. Pradeep Yadav for Appellant present. Adv. for Respdt present.
    Exh. 13/D- Application to remove matter from order caption. O- O.S. to say.
    Hand written say given by Adv. of Respdts.
    Heard both side. Hand written order passed on Exh. 13. O- Permission is granted to as prayed for.
    Both side Adv. fully argued in appeal.
    Adj. for Judgment.
    Next Purpose: Judgment at 11.00 A.M.
    Next Hearing Date: 03-10-2024
    
    Date: 03-10-2024
    Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
    Appellant absent and H/Adv. Pradip Yadav present. Respdt absent and Adv. for Respdt present.
    Court is busy in Part Heard matter. Hence
    Adj. for Judgement.
    Next Purpose: Judgment at 11.00 A.M.
    Next Hearing Date: 07-10-2024
    
    Date: 07-10-2024
    Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
    Appellant and Adv. absent. Respdt and Adv. absent.
    Judgment pronounced in open Court
    Exh. 14/A- Judgment.
    Appeal Dismissed.  (See detail order)
    Proceeding is closed.
    Nature Of Disposal: Judgement
    Disposal Date: 07-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100300/2022
    Filing Date: 08-09-2022
    First Hearing Date: 28th March 2023
    Decision Date: 07th October 2024
    Court Number And Judge: 41-Addl. Chief Judge C.R.No. 41

    Orders

    5
    Final Order 3Full order available
    07 Oct 2024

    Order Details: Copy of Judgment Pdf Text: 1 Presented on : 08.09.2022. Registered on : 21.03.2023. Date of Decision : 07.10.2024. Duration of disposal : Years Months Days 2 0 29 CNR No. MHSCA3-00-1092-2022 IN THE COURT OF SMALL CAUSES, AT MUMBAI. (APPELLATE BENCH) (BANDRA BRANCH) Misc. Appeal No. 15 of 2023 In Order Below Exhibit 13 In R.A.D. Suit No. 214 of 2021 M/s. Dolphin Build Home A partnership firm registered under the Indian Partnership Act, 1932, through its…

    Read Full Order
    Interim Order 2Full order available
    24 Jul 2023

    Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30010922022 ) ORDER BELOW EXH 10 IN MISC APPEAL NO. 15 OF 2023 IN ORDER BELOW EXHIBIT13 IN RAD SUIT NO. 214 OF 2021 M/s. Dolphin Build Home ...Appellant/ (Original defendants ) V/s. Ritesh Ramesh Desai S/o Late Ramesh Raghunath Desai …Respondent/ (Original Plaintiff) C. R. Yadav : Advocate for the Appellant. Exparte against respondent Coram : Shri Vilas…

    Read Full Order
    Interim Order 1
    28 Mar 2023
    Order Details: Order on Exhibit
    Pdf Text: .. 1 ..
    IN THE COURT OF SMALL CAUSES AT MUMBAI
    (BANDRA BRANCH)
    (APPELLATE BENCH)
    EXHIBIT-1
    IN
    MISC APPEAL NO.15 OF 2023
    IN
    ORDER BELOW EXHIBIT-13
    IN
    RAD SUIT NO.214 OF 2021
    M/s Dolphin Build Home & anr. .…. Appellant
    (Org. Defendants)
    Versus
    Ritesh Ramesh Desai s/o Late Ramesh Respondents
    Raghunath Desai ….. (Org. Plaintiff)
    Mr. C. B. Yadav,... Advocate for Appellant.
    Coram : Vilas. P. Kadam, Additional Chief Judge
    &
    A. H. Baig, Judge
    Court Room No.41,
    Date : 28.03.2023
    ORDER :- (Per Vilas. P. Kadam, Additional Chief Judge)
    1. Heard learned advocate for appellant namely Mr. Pradeep
    Yadav.
    2. The order under challenge is against the appellant and
    therefore he has challenged the trial court order wherein the appellant
    was directed to provide alternate accommodation or to pay rent at the
    rate of Rs.10,000/-p.m as a rent for transit area. Thus, that order is
    under challenge, definitely (Misc) appeal has filed against that order.
    Admitted the Misc. appeal. Issue notice to the respondents on P. F.
    I agree,
    (A. H. Baig) (Vilas. P. Kadam)
    Judge Additional Chief Judge
    Court Room No.41 Court Room No.41
    /home/steno41/MISC/V. P. Kadam/March2023/ORDER/152023 Misc. Appeal Ex.1.odt
    -- 1 of 1 --
    Order 2Full order available
    24 Jul 2023

    Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30010922022 ) ORDER BELOW EXH 10 IN MISC APPEAL NO. 15 OF 2023 IN ORDER BELOW EXHIBIT13 IN RAD SUIT NO. 214 OF 2021 M/s. Dolphin Build Home ...Appellant/ (Original defendants ) V/s. Ritesh Ramesh Desai S/o Late Ramesh Raghunath Desai …Respondent/ (Original Plaintiff) C. R. Yadav : Advocate for the Appellant. Exparte against respondent Coram : Shri Vilas…

    Read Full Order
    Order 1
    28 Mar 2023
    Order Details: Order on Exhibit
    Pdf Text: .. 1 ..
    IN THE COURT OF SMALL CAUSES AT MUMBAI
    (BANDRA BRANCH)
    (APPELLATE BENCH)
    EXHIBIT-1
    IN
    MISC APPEAL NO.15 OF 2023
    IN
    ORDER BELOW EXHIBIT-13
    IN
    RAD SUIT NO.214 OF 2021
    M/s Dolphin Build Home & anr. .…. Appellant
    (Org. Defendants)
    Versus
    Ritesh Ramesh Desai s/o Late Ramesh Respondents
    Raghunath Desai ….. (Org. Plaintiff)
    Mr. C. B. Yadav,... Advocate for Appellant.
    Coram : Vilas. P. Kadam, Additional Chief Judge
    &
    A. H. Baig, Judge
    Court Room No.41,
    Date : 28.03.2023
    ORDER :- (Per Vilas. P. Kadam, Additional Chief Judge)
    1. Heard learned advocate for appellant namely Mr. Pradeep
    Yadav.
    2. The order under challenge is against the appellant and
    therefore he has challenged the trial court order wherein the appellant
    was directed to provide alternate accommodation or to pay rent at the
    rate of Rs.10,000/-p.m as a rent for transit area. Thus, that order is
    under challenge, definitely (Misc) appeal has filed against that order.
    Admitted the Misc. appeal. Issue notice to the respondents on P. F.
    I agree,
    (A. H. Baig) (Vilas. P. Kadam)
    Judge Additional Chief Judge
    Court Room No.41 Court Room No.41
    /home/steno41/MISC/V. P. Kadam/March2023/ORDER/152023 Misc. Appeal Ex.1.odt
    -- 1 of 1 --

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