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NOTICE OF MOTION

Elvira John Dsouza - Suit Stamp No.13973 of 2017VsEugene Francis Fernandes And Ors

CNR MHCC01000119201863-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th June 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100053/2018
Registration Date
05 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-02-2018
    Business: Since the P.O. is on official training from 12.02.2018 to 24.02.2018, the matter adj. to 25.04.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-04-2018
    
    Date: 25-04-2018
    Business: Matter adj. for taking Steps to 20.08.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-08-2018
    
    Date: 20-08-2018
    Business: Matter adj. for NM Hearing to 30.10.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Matter adj. for NM Reply to 22.02.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: Matter adj. for NM Hearing to 12.06.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Court is busy in recording evidence in suit no.305/88 and suit no.569/05, hence case is adjourned to 09/10/2019.
    Advocate Redekar for Plaintiff present
    Advocate Satkar for Defendant present
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Matter called out(3.53pm)
    Adv.S.S.Redekar for plaintiff present.
    Adv.Susmita Lawane for defendant present.
    Heard both the side on N/M No.94/19.
    Matter is adj to 10/10/19 for order on N/M No.94/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Plaintiff and his advocate absent.
    Adv.Supriya Gurav for defendant no.1 to 3 present.
    F.R.S.R following order is passed on N/M No.94/19
    ORDER
    1.Notice  of  Motion  No.  94  of  2019  is  hereby  made absolute in terms of prayer clause 1 to 4 on condition to pay cost of Rs. 3,000/- to be payable by defendant no. 1 to 3 to the plaintiff.
    2.After payment of the aforesaid cost, the Written Statement of the defendants be taken on record.
    3.Notice of Motion No. 94 of 2019 is disposed off accordingly.
    Matter is adj to 20/11/19 for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Matter called out(4.26pm)
    Adv.S.S. Redekar for plaintiff present.
    Adv.Supriya Gurav for defendant no.1 to 3present filed written statement. T.O.R.Exh-3
    Copy serve to the other side.
    Defendant paid cost to the plaintiff.
    Matter is adj to 29/01/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Matter is called out at 4.17pm
    Adv.S.S.Redekar for plaintiff present.
    Adv.Ravi Chidurala for defendant no.1 to 3 present.
    By consent matter referred to lok-adalat.
    Matter is adj to 08/02/2020 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 08-02-2020
    
    Date: 08-02-2020
    Business: Matter pertaining to C.R. No.07
    Plaintiff in person present.
    Adv. Sandip Satakar present for defendant.
    Matter adj. on 13.03.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Matter is called out at 3.05pm
    Plaintiff present.
    Adv.S.S.Redekar for plaintiff present.
    Adv.Susmita Laware for defendant no.1 to 3 present.
    Matter is adj to 10/06/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, Case is adjourned to 05/08/2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2020
    
    Date: 05-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Business: Due to Corona Pandemic, it seems that parties are absent hence, case is adjourned to 15/10/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present.
    Matter is adj to 03/02/2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv S.S. Redekar for plaintiff present.
    Adv Susmita Lawane for defendant no.1 to 3 present. She requested for adjournment.
    Matter adjd for N.M. hearing on 10/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: Matter adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: None present for plaintiff.
    Adv. Sahili Patre for defendant no.1 present.
    Adjourned for NM hearing on 18.08.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: P.O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Advocate Redekar for plaintiff is present.
    None for defendant present.
    It is hereby directed to Adv for defendant to argue on NM on next date, otherwise necessary order will be passed.
    Adjourned for NM hearing to 08/02/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Both parties and  their advs are absent.
    Adjourned for NM hearing to 08.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Advocate S. S. Redekar for plaintiff is present. Plaintiff is also present.
    None for defendant.
    Adjd. for NM hearing to 12/06/2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv. S.S. Redekar for plaintiff present.
    Adv. Jignesh Chauhan for defendants present.
    Heard ADv. for plaintiff on Notice of motion.
    On oral request of Advocate for defendant,
    Matter is adjd. for NM hearing to 13.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. S.S.Redekar present for plaintiff.
    Adv. Jignesh Chauhan present for defendant nos.01 to 03.
    Heard argument of defendant no01 to 03 and reply argument of plaintiff.
    Matter is adjd. for Order on NM to 16.06.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Redekar present for plaintiff.
    None present for defendant.
    F.R.S.R. the following order is passed on Notice of Motion No.53 of 2018:
                                            ORDER
    1. Notice of Motion No.53 of 2018 is allowed in terms of prayer clause (a).
    2. Defendants are hereby temporarily restrained from dispossessing plaintiff without following due procedure of law till disposal of the suit.
    3. Notice of Motion No.53 of 2018 disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 16-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100140/2018
    Filing Date: 05-01-2018
    First Hearing Date: 22nd February 2018
    Decision Date: 16th June 2023
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2
    16 Jun 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100053/2018
    Elvira John Dsouza - Suit Stamp No.13973 of 2017 Vs Eugene Francis Fernandes And Ors
    Date : 16-06-2023
    Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) Adv.
    Redekar present for plaintiff. None present for defendant.
    F.R.S.R. the following order is passed on Notice of Motion
    No.53 of 2018: ORDER 1. Notice of Motion No.53 of 2018 is
    allowed in terms of prayer clause (a). 2. Defendants are hereby
    temporarily restrained from dispossessing plaintiff without
    following due procedure of law till disposal of the suit. 3.
    Notice of Motion No.53 of 2018 disposed off accordingly.
    Nature of Disposal : ALLOWED
    Disposal Date : 16-06-2023
    -- 1 of 1 --
    Final Order 1Full order available
    16 Jun 2023

    Order Details: Notice of Motion Pdf Text: NM No. 53/2018 in S.C Suit No.159/2018. 1 Order. MHCC010001192018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 53 OF 2018 IN S.C. SUIT NO. 159 OF 2018 Elvira John D’souza ... Plaintiff V/s. Eugene Francis Fernandes & others ... Defendants CORAM : HIS HONOUR JUDGE SHRI N.G.SHUKLA CITY CIVIL COURT, GR.BOMBAY (C.R. NO.63). DATE : 16/06/2023. Appearance:- Ld. Advocate S.S. Redekar for the plaintiff. Ld. Advocate Jignesh Chauhan…

    Read Full Order

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