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REVISION

Lavjari Shiv Yadav ( deceased )(Legal Heir) +5 moreVsChandrabali Rajnarayan Shukla (deceased)

CNR MHSCA3001447202241-Addl. Chief Judge C.R.No. 41
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 04th January 2025

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100104/2022
Registration Date
17 Nov 2022

Advocates

2

For Petitioner

For Respondent

Parties

7

Acts & Sections

1
Maharashtra Rent Control Act · Sec 34

Case History / Proceedings

Case History
Date: 18-11-2022
Business: Resumed.
Applicant absent, advocate for applicant present.  Heard advocate for applicant.  Order passed below Exh.1 - Issue notice to respondent. Adjd. for alias to respondents.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: As one of the Presiding Officer is proceeded on leave, resumed before Shri. V. P. Kadam, Addl. Ch. Judge and Shri A. H. Baig, Judge, I/C C.R.No. 41.
Court not sitting. Board discharged. App. ab. ADv. pr. Matter is adj. for alias against respdts.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: As per office order 140/2022 resume before A.C.J. M. S. Pathan and Judge A. S. Atre.
Applicant no 2 and adv present. Adv for respondent present.
Exh 8/D- Appln for stay of execution made by applicant. O- O.S. to say.
Adj for S.V. Of respondent / reply to Exh 8 by respondent / hearing in main.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Resumed. Adv. for applicant present. Respondent and adv. absent. Adjd. for S.V. of Respondent / Reply to Exh.8 by Respondent / Hg. in main.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Resumed. Applicant no.1c and adv. for applicant present. Respondent and adv. absent.
Adjd. for reply to Exh.8 by respondent / S.V. of respondent / Hg. in  main.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Resumed,
Applicant and his adv. present. resp and adv. absent.
Adj for S.V. of resp. / reply to Exb.8 by resp./ hearing in main
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Resumed. Applicant no.1c and adv. for applicant present.
Adjd. for S.V. of respondent / Reply to Exh.8 by respondent / Hg. in main.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Resumed. Both sides adv. are present.
Exh.9/D - S.V. filed by Adv. D.D. Singh for respondent. Hand written say given by respondents adv. on Exh.8. Heard respondent adv. D.D. Singh fully in main with Exh.8.
Adjd. for applicant argument in main with Exh.8.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: Resumed
Appellant  absent and Adv present.
Resp absent and H.Adv present.
On request of Adv for appellant Adj for appellants arg in main with Exh 8.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: As per office order 72 of 2023 Resumed before ACJ M.S.Pathan and Judge D.S.Dabhade.
Applicant present. Adv for applicant absent.
Holding Adv for respt present.
Adj for appellant argument in main with Exh.8
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Resumed. Adv. for applicant and holding adv. for respondent present.
Exh.10/D - Pursis for C.R.A. 646 of 2012 pending in Hon ble High court and stay granted the above matter till date made by adv. for applicant. O - Filed.
Adjd. for re argument in main.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: Resumed.
Applicant present his adv. absent.
Holding Adv. for Respondent present.
Adj. For Re-Heg. in Main.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Resumed. Adv. for applicant present. Exh.11/D- Pursis for CRA 646 of 2012 pending in Hon\''ble High Court made by Adv. for Applicant. O- Filled.
Adj. for re argument in main.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: As per office order 126 of 2023 resumed before Smt. A.S. Khadse, Addl. Chief Judge, and Smt. R.N. Bansal Judge.
As per office order no. 126 of 2023 Judgment is declared by one of the bench member Smt. R.N. Bansal.
Adjd.for hearing.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Resumed. Adv. for applicant present. Respondent and adv. absent.
As per office order no.126 of 2023 Trial Court Judgment is declared by one of the bench member Smt. R.N. Bansal, Judge, hence matter Tr. to Court Room No.41. Parties to remain present in Court Room No.41 on next date.
Adjd. for hearing in main.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Resumed.
Applicant present. Adv. absent.
Respdt. and Adv. absent.
Adj for hearing.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Resumed.
Adv. for Applicant present.
Exh. 11/D- Pursis regarding stay.
O. - seen.
Adj for hearing.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Resumed
Applicant and adv absent.
Respondent absent. Adv present.
Adj for hearing.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: Resumed.
Applicant absent. Adv. present.
Respdt. absent. Adv. present.
Exh. 12- Pursis filed by Adv. for Applicant as to CRA pending before Hon\''ble High Court and stay continue till 17/02/2024 (seen).
Adv. for Respdt.  No. 1b argued fully.
Adj for argument of Applicant and argument of Respdt. No. 1a.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: Resumed.
Applicant No. 1c present. Adv. absent.
Respdt. and Adv. absent.
Exh. 13- Adjournment application filed by Applicant No. 1c. (Considering the reason adjournment allowed.)
Adj for argument of Applicant and argument of Respdt. No. 1a.
Later on , H. adv. Shweta Mishra for Respdt. No.1b present.
Adj for argument of Applicant and argument of Respdt. No. 1a.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: As per office order No. 37/2024, Resume before In-charge Court Room No. 31.
Applicant absent. Adv. present.
Respdt. and his Adv. absent.
Adj for argument of applicant and argument of Respdt. 1a
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: As per Office Order No. 37/2024, Resumed before In-Charge Court Room No.31.
Adv. for Appellant present.
Both parties and Adv. for Respdt. absent.
Adj for argument by Applicant and Argument of Respdt. No. 1a
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: As per office order 37/24 Resumed before In charge Court Room No.31.
Adv for appellant present.
Adj for Argument by applicant.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: As per Office Order No.37/24, Resumed
before In charge Court Room NO.31.
Both parties and Adv for Applicant absent.
H/Adv Pallavi Vanjari for respdt present.
Adj for Hrg.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: As per Office Order No. 130/19, Resumed before Special bench  Smt. V. G. Upadhay Judge and Smt. R. N. Bansal Judge incharge CR. No. 31
Addl. Chief Jduge Smt. A. S. Khadse is on half day leave.
Both parties absent. Adv. for appellant present.
Adj. for Hrg.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
Nobody present.
Adj. for hearing.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 21-10-2024

Date: 21-10-2024
Business: As per Office Order No.37/24 Resumed before In-charge Court Room No.31.
Nobody present.
Adj for Hearing.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
Applicant and Adv. absent. Respdt absent and Adv. for Respdt No. 1b present.
Exh. 14/D- Pursis filed by Adv. for Respdt No. 1b. O- Seen and filed.
In view of pursis below Exh. 14 filed by Adv. for Respdt No. 1b last chance granted to Applicant for Final Argument.
Adj. for Heg. of Applicant as a last chance.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: As per Office Order No. 130 of 2019 Resumed before Smt. A.S. Khadse, Addl. Chief Judge, and Shri. D.P. Kasat, Judge.
Applicant and adv. absent. Respondent absent. Holding Adv. D.K. Shukla present. Adjd. for hearing of applicant as last chance.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 16-12-2024

Date: 16-12-2024
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 absent and Adv. for Respdt present.
Exh. 15/D- Written Argument filed by Adv. for Respdt. O- Seen and Filed.
Order passed on Exh. 1.
O- The applicant failed to argue the matter since long despite sufficient opportunity. Hence, proceed further without argument of applicant.
Adj. for Judgement/Order
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
Applicant and Adv. absent. Respdt absent and H/Adv. D. K. Shukla present.
Judgment pronounced in open Court.
Exh. 16/A- Judgment - Revision Petition is dismissed with cost.
See detailed order.
Proceeding is closed.
Nature Of Disposal: Judgement
Disposal Date: 04-01-2025

Additional Case Details

Additional Case Details
Filing Number: 100391/2022
Filing Date: 15-11-2022
First Hearing Date: 18th November 2022
Decision Date: 04th January 2025
Court Number And Judge: 41-Addl. Chief Judge C.R.No. 41

Orders

1
Final Order 1Full order available
04 Jan 2025

Order Details: Copy of Judgment Pdf Text: 1 (CNR NO.MHSCA30014472022) Presented on: 15.11.2022 Registered on: 17.11.2022 Decided on: 04.01.2025 Duration Y M D 2 01 19 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) REVISION APPLICATION NO. 104 OF 2022 IN EXHIBIT-26 IN EXECUTION APPLICATION NO. 105 OF 2012 IN RAE & R SUIT NO. 978/2961 OF 1986 1. Shri Lavjari Shiv Yadav (since deceased) 1(a) Mrs. Chabbidevi wd/o. Lavjari S. Yadav Age 70 years, Occ:…

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