Report On Court Room Observation

REPORT ON COURT ROOM OBSERVATION
As a part of my Practical Training of final year. I decided to visit 2 different courts

i.e. One Civil Court “THE CITY CIVIL COURT, DINDOSHI and One Criminal
“THE CITY CIVIL AND SESSION COURT” MUMBAI, to gain actual practical
knowledge on how the court proceeding works in a trial. This was the very first time
that I was going to attend the court room trials. As per the knowledge that I have
received from the court room observations of a practical trial, I was directed by my
professor to make a brief report on various steps observed by me during thecourt
proceedings.
The stages of trial of Civil Case are as follows:
1.Attendance of parties
2.Framing of Charges.
3.Examination of Plaintiff witnesses;
A.Chief-Examination.
B.Cross-Examination.
C. Re-Chief Examination.
D.Re- Cross Examination.
4.Examination of Defendant witnesses;
A.Chief–Examination.
B.Cross–Examination.
C.Re-chief Examination.
D.Re- Cross Examination.
5.Arguments;
A.Arguments of the plaintiff advocate.
B.Arguments of the defendant advocate.
6.Judgment.
7.Decree.
My report on court room observation focuses from City Civil Court, Borivali
Division, Dindoshi Court Room Observations is as follow;
I attended to the Court Which is located at Malad, Suchi Dham, Dindoshi, Malad
East, Mumbai, Maharashtra 400097, On 12th August, 2022 At 03:00 P.M sharp in
court room no.08, the matter was dealt by Hon’ble Justice Smt. V.D Ingle, Judge City
Civil Court, Borivali Division, dindoshi, Goregaon, Mumbai.
The details matters as follows :
DRAFT NOTICE OF MOTION
IN
L.C.SUIT NO.1296 OF 2022
(CNR No.MHCC040050682022)
Mr. Sunil Premji Shah & Anr.
Versus
The Municipal Corporation of
Greater Mumbai.
..Plaintiffs
..Defendant
Adv. Mr. Haresh Lulia for the plaintiffs.
Adv. Mrs. Shweta Patankar for the defendant/MMC.
Coram : Her Honour Judge
Smt. V.D. Ingle
(C.R.No.8)
Date : 12th August, 2022
SUMMARY OF THE ABOVE SUIT MATTER WHICH I OBSERVE IN

COURT VISIT
1. The matter was at interiem order which was filed by plaintiff seek to restrain
the defendant from demolishing the suit structure.
2. The summary of plaintiff plaint :- the plaintiff filed the suit to ad inteirem
relief fom the defandent they shall not demolised the plaintiff property which
was situated 15th floor D Wing he Atharva Landmark (for short 'suit building').
3. Plaintiff also submitted the agreement of sale deed electricity bill letter to the
executive engineer and department of police. Further, plaintiff also submitted
the said construction was completed and possession given to the plaintiff by
the concern builders.
4. The Plaintiff submitted the case of In the case of M/s. Shah and Company V/s.
The Municipal Corporation of Greater Mumbai, decided by the Hon'ble
Bombay Court on 31.01.2013 in Appeal from Order No.99/2013, the Hon'ble
Bombay High Court has also held that when the construction work is complete,
the corporation cannot invoke the provisions of Section 354A of the MMC
Act.
5. It further observed that it would be open to the corporation to take recourse to

other provisions of law including Section 351 of the MMC Act. The ratio laid
down in the above case is squarely applicable to the facts of the present case,
wherein also the work is already complete.
PRAYER
Plaintiff prayer to the Honble Court granting submitted that the action initiated by the
defendant is illegal and prayed for granting adinterim protection in respect of the suit
premises.
Defendant Suit summary
1. Defendant submitted his contention in above suit that plaintiff has not showing
the suit premises authorize also pointed out that inspection report and the
photography the construction work is under process.
2. Defendant advocate further filed the list of document along with the inspection
report and notice issued to the plaintiff under section 354A of MMC Act and
phototgraphy of outgoing of unauthorized construction.
3. Defendant prayer to the Honble court refusal the at interiem relief.
OBSERVATION BY HONBLE COURT
The plaintiffs have made out a prima facie case, the balance of convenience also lies
in their favour at this stage. An irreparable loss would also be caused to them, if the
suit structure is not protected. Hence, the Honble Court pass the following order :
ORDER OF HONBLE COURT
1. By way of adinterim relief, the defendant shall not act upon the impugned notice
dated 10.03.2022 till next date.
2. The defendant is at liberty to take recourse to other provisions of the Mumbai
Municipal Corporation Act, if they so desire, by following due process of law.
Conclusion
As I have seen from my visit to the City Civil & Sessions Court one possible fact that
maydiscourage the parties from claiming is the giving too much opportunity to the
other side evenafter they have not turned up since the cases are established, and the
matters goes uptill years, causing losses to the party seeking redressal. Cases in the
City Civil & Sessions Court can bevery comprehensible to lay persons. In fact, all
measures were taken up before coming onto the conclusion by the judge, documents
were examined properly, also proper summons and noticeswere served, as to no
result from the defendant such Ex- parte decree was passed. In reference to legal
skills, all lawyers were able to present these. Legal skills refer to effective research,
communication and organization skills. All parties seemed to be fully prepared.
Another important observations, was the role of the lawyers and solicitors. The role
of the lawyer was, as expected to present the cases to the courtroom and the
solicitors’ role was to do the main body of the work. Although solicitors have the
right to speak in the court room, there were a fewinstances in which the lawyer would
refer to the solicitor asking if all the points had beencovered or if there were further
points that they felt relevant to discuss. But the factor that surprised me the most from
my visit to the courtroom was, the minimal use of precedent. The Indian legal system
is one of common law, which suggests that much emphasis is placed on the
precedents and case law.

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REPORT ON COURT ROOM OBSERVATION

As a part of my Practical Training of final year. I decided to visit 2 different courts

SUMMARY OF THE ABOVE SUIT MATTER WHICH I OBSERVE IN

5. It further observed that it would be open to the corporation to take recourse to

Defendant Suit summary

3. Defendant prayer to the Honble court refusal the at interiem relief.

OBSERVATION BY HONBLE COURT

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