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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Irwing Harold DCosta +2 moreVsIvor DCosta +4 more

CNR MHCC0100028320192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th December 2025

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
101567/2019
Registration Date
25 Jun 2019

Advocates

1

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-07-2019
    Business: Adv. J.Joseph for Plaintiff present.
    Issue writ of summons against defendants for settlement of issues and filing written statement through Bailiff on payment of process fees.
    Adj for service to 03.09.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: None present.
    Plaintiff have not filed affidavit of service of writ of summons.
    Adjd for service of writ of summons 18/10/2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv. Joseph for plaintiff present.
    Adv. Yusuf Rampurawala for defendant no 2 and 4 and undertakes to file V/N on next date.
    He made statement that defendant no 3 is no more.
    Plaintiff has to take steps in that regard.
    Defendant no 2 and 4 are directed to file their Written statement within prescribed period.
    Adjd. for direction to 30.11.2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: By precipe.
    Exh.02 VP filed by Adv. Yusuf Rampurawala for defendant No. 2 and 4.
    He made statement that Writ of summons has been served upon    defendant no. 2 and 4 on 01.10.19 considering his statement I am taking written statement of theses defts on record.
    Exh.03 Written statement filed by Adv. of defendant No. 2 and 4.
    Matter already adjd to 30.11.19.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Adv. Jeffrey Joseph for plaintiff present.
    Adv. Yusuf Rampurwala for defendant no 2 and 4 present.
    Plaintiff acknowledged receipt of W/S filed by defendant no 2 and 4.  Defendant no 3 is reported dead.
    Plaintiff has to take steps in that regard.
    Plaintiff is also directed to take steps for service of Writ of summons upon defendant.
    Adjourned to 17.01.2020 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Joseph for plaintiff present.
    Exh.4 He filed affidavit of service. t.o.r.
    He also tendered draft Chamber summons t.o.r.
    O- Leave granted to register it.
    Copy be served upon defendant No.2 and4.
    Defendant No. 2 present.
    Copy of Chamber summons be served upon proposed defendant.
    It appears that Writ of summons is served upon defendant No.5
    None appeared on behalf of defendant No 5 despite service of Writ of summons Therefore suit is to proceed Ex-parte against defendant No. 5.
    Adjourned for service to 3.02.2020 at 2.45
    Next Purpose: SERVICE
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: As court is on leave, Hence board adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv Sanjay Sinha for plff present.
    Deft no. 2 absent.
    Adv for defts absent.
    Adv for plff seeks time to file affidavit of service.  Granted.
    Matter stands Adj for affidavit of service to 07/03/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Adv J. Joseph for plff present.
    He tendered original register CS 152/2020. t.o.r.
    Adv Yusuf Rampurawala for deft no. 2, 4 and proposed deft no. 3A present.
    He undertakes to file VP for proposed deft no. 3A.
    He filed reply to CS 152/2020. t.o.r.  Copy be served to Adv for plff.
    Matter stands Adj for CS hearing to 20/03/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: Adv. Joseph for plff present.
    Matter stands Adj for Chs Hearing to 21.04.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 20-03-2020
    Business: Adv. Joseph for plff present.
    Matter stands Adj for Chs Hearing to 21.04.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-05-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-01-2021
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Adv.Mr. Jeffrey Joseph/Sanjay Sinha for plaintiff present.
    Adv. Yusuf Rampurawala for defendant no.2,4,3A is present.
    Adjd. to 04.03.2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv Jeffrey Joseph for plff present.
    He seeks time to file affidavit of service and rejoinder to reply of deft no. 2 and 4.  Granted.
    Matter stands Adj for Affidavit of Service and rejoinder to 05/05/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 05-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: None for plff.
    Adv Yusuf Rampurawala for deft no. 2 and 4 present.
    He tendered draft NM for return of plaint and framing preliminary issues.  Leave to register granted.  Copy be served on other side.
    Matter stands Adj for CS Hearing and Draft NM Reply to 05/10/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: P. O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv Jeffrey Joseph for plff present.
    Deft no. 2 in person present.
    Adv for defts absent.
    Adv for plff filed rejoinder to CS. t.o.r.  Copy given to deft no. 2.
    Deft no. 2 filed sur-rejoinder to rejoinder of plff. t.o.r. Copy given to Adv for plff.
    Adv for plff seeks time to file reply to NM.  Graned.
    Deft no. 2 is directed to tender original NM 2333/2021.
    Matter stands Adj for CS Hearing and NM Reply to 21/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: By Precipe
    Adv Yusuf Tanpurawala for deft no. 2 and 4 present.
    He tendered registered Notice of Motion 2333/2021. t.o.r.
    He also filed application u/s 151 of the CPC for amendment in NM.  Heard Adv for deft no. 2 and 4.  By way of application deft no. 2 and 4 wants to amend and strike out the prayer clause in NM 2333/2021.  As per order 6 R-17 of the CPC, pleadings i.e. plaint and written statement can be amended. If there is any typographical or clerical mistakes in the proceedings, that can be corrected u/s 151 of the CPC by invoking inherent powers.  Under the circumstances and above legal position, application for amendment of NM 2333/2021 is not tenable, hence application (Exh. 04) is rejected.
    However deft no. 2 and 4 is at liberty to withdrawn NM 2333/2021 and file the fresh NM if he requires to decide their controversy.
    Matter already Adj to 21/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None for plaintiff.
    Adv. Yusuf Rampurawala defendant no. 2 and 4 present.
    Matter stands Adj for Ch/s hearing to 14/02/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: PO is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 14-02-2022
    Business: PO is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 14-02-2022
    Business: PO is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv. Jeffrey Joseph for Plaintiff present.
    Adv. Yusuf Rampurwala for defendant nos. 2 and 4 present.
    He not pressed N.M No. 2333/2021. Hence, N.M. No. 2333/2021 is disposed off as withdrawn.
    He filed Fresh draft N.M. Leave to register Granted.
    Adv. for Plaintiff seeks time to file reply on N.M. 	Granted.
    	By consent, matter stands Adjd for reply on N.M. to 05/05/2022
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Adv. Joseph for plaintiff present.
    None for defendant.
    P.O. is busy in dictating order on bunch of Adoption petitions, hence matter stands Adj for Reply to 18.07.2022.
    Next Purpose: REPLY
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Adv. Jeffrey Joseph for plaintiff present.
    Adv. Yusuf Rampurawala for deft. present.
    He tendered register NM 999/22. Copy served on other side.
    Adj. for hearing on Ch/s and reply on NM to 7/09/2022.
    Both the advocates under took to supply copies in advance.
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2022
    
    Date: 18-07-2022
    Business: Adv. Jeffrey Joseph for plaintiff present.
    Adv. Yusuf Rampurawala for deft. present.
    He tendered register NM 999/22. Copy served on other side.
    Adj. for hearing on Ch/s and reply on NM to 7/09/2022.
    Both the advocates under took to supply copies in advance.
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2022
    
    Date: 18-07-2022
    Business: Adv. Jeffrey Joseph for plaintiff present.
    Adv. Yusuf Rampurawala for deft. present.
    He tendered register NM 999/22. Copy served on other side.
    Adj. for hearing on Ch/s and reply on NM to 7/09/2022.
    Both the advocates under took to supply copies in advance.
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: (NOB TOB  for placing the matter before National Lok-Adalat will be held on 13/08/2022.)
    Matter is referred to National Lok-Adalat as there is a possibility of settlement in the Matter. Both parties are directed to remain present before National Lok-Adalat to be held on 13/08/2022 at 10.00 a.m.
    Issue notice to both parties to remain present before Naional-Lok-Adalat.
    Matter is adj. to 13/08/2022 for National Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Matter pertains to C.R.No.2.
    None present.
    Matter adjd to 05.11.2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Both parties and their advocate are absent.
    Parties are directed to give CTS number of suit property.
    Already adjd to 05/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Adv. Jeffrey Joseph for plaintiff present.
    None for defendant present.
    Heard advocate for plaintiff.
    FRSR following order passed :-
    Order -
    1) Chamber Summons no. 152 of 2020 is hereby partly allowed without costs.
    2) Plaintiff are permitted to remove the name of defendant no. 1 and 3 from title clause as suit is abated against them.
    3) Plaintiff are permitted to carry out necessary amendment within 14 days from today through advocate.
    Parties are directed to give CTS number of suit property.
    Matter is adjd to 16/12/2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: By precipe.
    Adv. Rampurawala for plaintiff present.
    He filed application Exh 5. TOR. He is directed to serve copy on other side.
    Already ajdd to 16/12/2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: Adv.  Jeffrey Joseph for plaintiff present.
    He seek time for filling reply. Time granted as last chance.
    Adv.   Rampurwala for defendant no. 2 and 4 present.
    Matter is adjourned for reply to 13/02/2023.
    Next Purpose: REPLY
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: Adv. Jeffery Joseph for plaintiff present.
    Adv. Yusuf Rampurwala for defendant no. 2 and 4 present.
    Matter adjourned to 24/04/2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Adv.  Jeffrey Joseph for plaintiff present.
    He filed reply to Exh 5 and reply to n/m no. 999 of 2022. TOR. Copy served on other side.
    Adv.  Rampurawala for defendant present.
    Matter adjourned for hearing on Exh 5 and n/m  to 03/07/2023.
    Next Purpose: HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: None for plaintiff present.
    Adv. Yusuf Rampurawala   for defendant no.2 and 4 present. He seeks time.
    Matter adjourned for reply  on 04.08.2023.
    Next Purpose: REPLY
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: Advocate Mr. Khan h.f. Advocate Jeffrey Joseph for plaintiff present.
    Advocate Mr. Yusuf Rampurwala for defendant no. 2 and 4 present and seeks time to file rejoinder. O- Granted.
    Matter adjourned for Reply on 24.08.2023.
    Next Purpose: REPLY
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Advocate Mr. Siddhanth Sinha h.f Advocate Mr. Jeffrey Joseph for plaintiff no. 1 present.
    Advocate Mr. Yusuf Rampurwala for defendant no. 2 and 4 present and filed rejoinder to NM 999/2022 and rejoinder to Exh-5. Copy given to other side.
    Matter adjourned for hearing on 06.09.2023.
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Advocate Mr. Jeffrey Joseph for plaintiff present.
    Advocate Mr. Yusuf Rampurwala for defendant no. 2
    and 4 present.
    KB
    LO at 4.45 P.M.
    Court is busy in hearing argument of NM 1553/2019 in SU 693/2019, hence adjourned.
    Matter adjourned for hearing to 13.09.2023.
    Next Purpose: HEARING
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: Advocate Mr. Jeffery Joseph for plaintiff present.
    Advocate Mr. Yusuf Rampurawala for defendant no. 2 and 4 present.
    Defendant no. 4 present.
    KB
    LO at 4.10 P.M.
    Plaintiff no. 2 present.
    Defendant no. 2 and 4 present.
    Advocate Mr. Yusuf Rampurawala for defendant no. 2 has filed application TOR and marked as Exh-6.
    Plaintiff no. 2 and defendant no. 2 and 4 filed application Exh-6 to take the consent term on record. Plaintiff no. 2 and defendant no. 2 and 4 are directed to serve the copy of application to plaintiff no. 1 and 3.
    Matter adjourned for Say of plaintiff no. 1 and 3 on Exh-6 on 20.09.2023.
    Next Purpose: REPLY
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: Advocate Mr. Jeffrey Joseph for plaintiff present.
    Advocate Mr. Yusuf Rampurawala for defendant no. 2 and 4 present.
    Plaintiff no. 2 present and filed affidavit. Copy served to advocate Mr. Jeffrey Joseph.
    Defendant no. 2 present and filed affidavit. Copy served to advocate Mr. Jeffrey Joseph.
    Plaintiff seeks time. O- Granted.
    Matter adjourned for Reply on Exh-6 on 05.10.2023.
    Next Purpose: REPLY
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: PO is on half day leave (Second Session), hence matter is adjourned.
    Matter adjourned for Reply on 20.10.2023.
    Next Purpose: REPLY
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: PO is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 22-11-2023
    
    Date: 22-11-2023
    Business: Advocate Mr. Adal Khan h.f. Advocate Jeffrey Joseph for plaintiff present and filed reply to Exhibit-6. Copy served to other side.
    Advocate Mr. Rampurwala for defendant no. 2 and 4 present.
    Matter adjourned for Hearing on Exhibit-6 on 20.12.2023.
    Next Purpose: HEARING
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: Advocate Mr. Adil Khan h.f. Advocate Jeffrey Joseph for plaintiff present.
    Defendant and advocate absent.
    Matter adjourned for hearing on 02.02.2024.
    Next Purpose: HEARING
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: Plaintiff absent.
    Advocate Mr. Yusuf Rampurawala for defendant no. 2 and 4 present and seeks time to file rejoinder. O- Granted.
    Matter adjourned for hearing on 05.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: Plaintiff and advocate absent.
    Advocate Mr. Rampurwala for defendant no. 2 and 4 present and filed rejoinder. Copy served to other side.
    Later on at 3.25 P.M.
    Advocate Mr. Sanjay Sinha for plaintiff present.
    Matter adjourned for hearing on 19.04.2024.
    Next Purpose: HEARING
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: Advocate Mr. Adal Khan for plaintiff present.
    Defendant and advocate absent.
    Later on at 3.25 P.M.
    Advocate Mr. Yusuf Rampurawala for defendant no. 2 and 4 present.
    Matter adjourned for hearing on 24.06.2024.
    Next Purpose: HEARING
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Advocate Mr. Jeffrey Joseph for plaintiff present and seeks time. O- Granted.
    Advocate Yusuf Rampurwala for defendant no. 2 and 4 present.
    Matter is adjourned for hearing on 07.08.2024.
    Next Purpose: HEARING
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: Advocate Jeffrey Joseph for plaintiff present. Plaintiff is directed to take necessary steps.
    Advocate Yusuf Rampurwala for defendant no. 2 and 4 present.
    Matter is adjourned for hearing on 17.10.2024.
    Next Purpose: HEARING
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: Advocate Jeffrey Joseph for plaintiff no. 1 present and seeks time. O- Granted as a last chance.
    Advocate Yusuf Rampurawala for defendant no. 2 and 4 present.
    Matter is adjourned for hearing on 10.02.2025.
    Next Purpose: HEARING
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: Both parties and advocate absent.
    Matter is adjourned for hearing on 16.04.2025.
    Later on at 3.20 P.M.
    Advocate Mr. Yusuf Rampurawala for defendant no. 2 and 4 present and submitted application to abate the suit against the plaintiff no. 1 as despite of intimation given by him prior to six month, his heirs are not brought on record. Taken on record and marked as Exhibit-7. Order - Otherwise to say.
    Matter is adjourned for Reply of plaintiff on Exhibit-7 / Hearing on Exhibit-6 on 16.04.2025.
    Next Purpose: HEARING
    Next Hearing Date: 16-04-2025
    
    Date: 16-04-2025
    Business: Advocate Mr. Yusuf Rampurawala for defendant no. 2 and 4 present.
    Plaintiff and advocate absent.
    The record shows that the plaintiff and his advocate are absent since last number of dates. The plaintiff is hereby directed to remain present on the next date otherwise notice of motion no. 999/2022 taken by defendant under Order 7, Rule 11 of CPC will be heard and decide on its own merits.
    Matter is adjourned for Notice of motion hearing and Reply of plaintiff on Exhibit-7 / Hearing on Exhibit-5 and 6 on 11.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-07-2025
    
    Date: 11-07-2025
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2025
    
    Date: 23-09-2025
    Business: None present for plaintiff.
    Advocate Yusuf Rampurawala for defendant no. 2 and 4 is present.
    Heard advocate for defendant no. 2 and 4 on Exhibit-7.
    Order below Exhibit-7
    Perused application. I have pore over entire record minutely.  The roznama dated 26.04.2024 has no reference stating that advocate for the plaintiff informed this Court that, plaintiff no. 1 has expired and sought time to take steps to bring his legal representative on record. Necessarily till date neither plaintiff nor defendant tendered copy of death certificate of plaintiff no. 1. In the event present application cannot be justified. Hence, as of now application at exhibit-7 is filed with liberty to the defendant to move similar application alongwith copy of death certificate of plaintiff. Thus, application at Exhibit-7 is filed and disposed off in above terms accordingly.
    Matter is adjourned for Notice of motion hearing / Hearing on Exhibit-5 and 6 on 10.10.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2025
    
    Date: 10-10-2025
    Business: None present for plaintiff.
    Advocate Yusuf Rampurawala for defendant no. 2 and 4 is present.
    Court is busy in dictating judgment in Suit  no. 3205/2014 and C/S order in Suit no. 2649/2018. Hence board is discharged.
    Matter adjourned to 19.12.2025 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2025
    
    Date: 19-12-2025
    Business: None present for plaintiff.
    Advocate Yusuf Rampurawala for defendant no. 2 and 4 is present.
    Kept back
    Later on at 3.30 P.M.
    None present for plaintiff.
    Advocate Yusuf Rampurawala for defendant no. 2 and 4 is present.
    Kept back
    Later on at 4.55 P.M.
    None present.
    Order Below Exhibit No. 01None present for the plaintiff. Today, present suit is fixed for NM hearing wherein neither plaintiff nor his advocate remained present. Roznama reveals that, since last couple of dates plaintiffs are not appearing before the Court. They are absent since last considerable times for no justified reasons. There is no application seeking adjournment placed on record. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiffs have lost their interest in the suit. Today when the suit and motion was fixed for hearing the defendant appears before the Court and plaintiffs do not therefore entire suit deserves dismissal for want of prosecution. Hence, the suit stands dismissed Under Order IX, Rule 8 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
    The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
            In the event, there is nothing before Court to postpone this N/M on next date for the same purpose. Nothing survives in the hearing of N/M. Hence, Notice of Motion No. 999 of 2022 is dismissed for default and disposed of accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 19-12-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100304/2019
    Filing Date: 07-01-2019
    First Hearing Date: 16th July 2019
    Decision Date: 19th December 2025
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Dec 2025

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :SUIT/0101567/2019 Mr. Irwing Harold DCosta Vs Ivor DCosta Date : 19-12-2025 Business : None present for plaintiff. Advocate Yusuf Rampurawala for defendant no. 2 and 4 is present. Kept back Later on at 3.30 P.M. None present for plaintiff. Advocate Yusuf Rampurawala for defendant no. 2 and 4 is present. Kept back Later on at 4.55 P.M. None present. Order Below…

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