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M Appeal - Misc Appeal

Dolphin Build HomeVsMalcolm Charles Lourenco Pereira

CNR MHSCA3001098202241-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
100019/2023
Registration Date
21 Mar 2023

Advocates

2

For Petitioner

For Respondent

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.
SV 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.
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 absent.  Adv for Respdt present.
Exh 11/D- Reply to Stay appln filed by Adv for Respdt.
Adj for hearing in Exh 10 (Stay appln)
Next Purpose: Notice for Hearing 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.  Adv.  present.
Adj for hearing in Exh. 10 (Stay application).
Next Purpose: Notice for Hearing 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. Holding Adv Yadnesh Aher present.
Adj for hearing in Exh.10 (Stay application)
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Appellant absent. Holding Adv Mr Pradeep Yadav present.
Respondent present. Adv present.
Exh.12 - Application for production of documents, Deed of Conveyance (Exh.G) filed by Adv for respondent.(OS to say).
HW say given by other side.
Order passed below Exh.12- Allowed( See detail order)
Both the advocates argued on Exh.10
Order passed below Exh.10.-Application is rejected.( See detail order)
Adj for hearing.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: Resumed.
Both parties absent. Both Adv. present.
Adj. for Hearing
Next Purpose: 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 and H. Adv. Yadnesh Aher  present.
Form E for referring matter to Lok Adalat held on 09/09/2023 signed by  H. Adv. for appellant and Respdt. filed in M. Appeal 14 of 23.
Adj for Lok Adalat.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Resumed before the Panel of National Lok Adalat. Shri. D.S. Dabhade, Judge, Panel Head, Shri. Jikesh Shah, Advocate, Panel Member.
Appellant and adv absent.  Respdt and Adv for respdt 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: 03-10-2023

Date: 03-10-2023
Business: Resumed.
Representative of Appellant Muddasil Khan present. Adv. absent.
Respdt. present. Adv. present.
Adv. for respdt. insisted for his argument.
Adv. for Respdt. fully heard.
Adj for argument of Appellant.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 17-10-2023

Date: 17-10-2023

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 present. Holding advocate Mr. Yadnesh Aher present.
Adjourned for argument of appellant. (Respondent already argued)
Next Purpose: Part Heard 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. and Adv. present.
Adj for argument of Appellant (Respdt. already argued).
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Resumed.
Appellant and Adv. absent.
Respdt. and 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: Part Heard 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: Part Heard 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. and  Adv. present.
On request of Representative of Appellant, Adj for argument of Appellant. (Respdt. already argued. )
Next Purpose: Part Heard 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.and  Adv. present.
By consent, Adj for argument of Appellant (Respdt. already argued).
Next Purpose: Part Heard 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. present. Adv. absent.
Adj for argument of Appellant / order (Respdt. already argued).
Next Purpose: Part Heard 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
Adj for Judgment.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Resumed.
Representative of Appellant Muddasil Khan and H. Adv. Pradeep Yadav present.
Respdt. and Adv. present.
Adv. for Appellant orally stated that, the matter is going to be settle.
Form E for referring matter to Lok Adalat held on 03/03/2024 signed by Representative of Appellant, Adv. for Appellant, some of the Respdt., Adv. for Respdt. filed in M Appeal 14/2023.
Adj for Lok Adalat.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 03-03-2024

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. Deft 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. present.  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 and 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 present.
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. present 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 and 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 and Adv 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 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 present and Adv. for Respdt 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: 100306/2022
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

7
Final Order 4Full order available
07 Oct 2024

Order Details: Copy of Judgment Pdf Text: 1 sMHSCA30010982022 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 IN THE COURT OF SMALL CAUSES, AT MUMBAI. (APPELLATE BENCH) (BANDRA BRANCH) Misc. Appeal No. 19 of 2023 In Order Below Exhibit 13 In R.A.D. Suit No. 215 of 2021 M/s. Dolphin Build Home A partnership firm registered under the Indian Partnership Act, 1932, through its partners (1)…

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Interim Order 3Full 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.MHSCA30010982022 ) ORDER BELOW EXH 12 IN MISC APPEAL NO. 19 OF 2023 IN ORDER BELOW EXHIBIT13 IN RAD SUIT NO. 215 OF 2021 M/s. Dolphin Build Home ...Appellant/ (Original defendants ) V/s. Malcolm Charles Lourenco Pereira …Respondent/ (Original Plaintiff) C. R. Yadav : Advocate for the Appellant. Harsh T. Pawar: Advocate for the Respondent. Coram : Shri Vilas…

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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.MHSCA30010982022 ) ORDER BELOW EXH 10 IN MISC APPEAL NO. 19 OF 2023 IN ORDER BELOW EXHIBIT13 IN RAD SUIT NO. 215 OF 2021 M/s. Dolphin Build Home ...Appellant/ (Original defendants ) V/s. Malcolm Charles Lourenco Pereira …Respondent/ (Original Plaintiff) C. R. Yadav : Advocate for the Appellant. Harsh T. Pawar: Advocate for the Respondents. Coram : Shri Vilas…

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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.19 OF 2023
IN
ORDER BELOW EXHIBIT-13
IN
RAD SUIT NO.213 OF 2021
M/s Dolphin Build Home & anr. .…. Appellant
(Org. Defendants)
Versus
Malcolm Charles Lourenco Pereira. ….. Respondent
(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/192023 Misc. Appeal Ex.1.odt
-- 1 of 1 --
Order 3Full 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.MHSCA30010982022 ) ORDER BELOW EXH 12 IN MISC APPEAL NO. 19 OF 2023 IN ORDER BELOW EXHIBIT13 IN RAD SUIT NO. 215 OF 2021 M/s. Dolphin Build Home ...Appellant/ (Original defendants ) V/s. Malcolm Charles Lourenco Pereira …Respondent/ (Original Plaintiff) C. R. Yadav : Advocate for the Appellant. Harsh T. Pawar: Advocate for the Respondent. Coram : Shri Vilas…

Read Full Order
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.MHSCA30010982022 ) ORDER BELOW EXH 10 IN MISC APPEAL NO. 19 OF 2023 IN ORDER BELOW EXHIBIT13 IN RAD SUIT NO. 215 OF 2021 M/s. Dolphin Build Home ...Appellant/ (Original defendants ) V/s. Malcolm Charles Lourenco Pereira …Respondent/ (Original Plaintiff) C. R. Yadav : Advocate for the Appellant. Harsh T. Pawar: Advocate for the Respondents. 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.19 OF 2023
IN
ORDER BELOW EXHIBIT-13
IN
RAD SUIT NO.213 OF 2021
M/s Dolphin Build Home & anr. .…. Appellant
(Org. Defendants)
Versus
Malcolm Charles Lourenco Pereira. ….. Respondent
(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/192023 Misc. Appeal Ex.1.odt
-- 1 of 1 --

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