DOMINIC FRANCIS MISQUITTAVsFARID Y. QURESHI AND ANR

Date: 24-01-2018
Business: Ms. Eventa A. Gonsalves, Advocate for Plaintiff present.  None for Defendant.
Ms. Gonsalves prays for issuance of Warrant of Attachment u/o. XXI r. 54 of CPC on office of Judgment Debtor, without issuing notice u/o. XXI r. 22 of CPC, as the Execution Application is filed within 2 years from the Decree.   Issue Warrant of Attachment u/o. XXI. r. 54 of CPC as prayed, returnable on 24/04/2018.
Next Purpose: FOR___________________
Next Hearing Date: 24-04-2018

Date: 24-04-2018
Business: Shri. Reyden L. Gonsalves , Advocate for Plaintiff present. On request of Shri Gonsalves for submission of inventory Adjd. To 13/06/2018
Next Purpose: FOR___________________
Next Hearing Date: 13-06-2018

Date: 06-07-2018
Business: Adv. for applicant absent.
Adv. for respondent absent.
Suit is adjd. 14/09/18.
Next Purpose: FOR___________________
Next Hearing Date: 14-09-2018

Date: 14-09-2018
Business: Court is vacant.
Adjd. to 07/12/18.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2018

Date: 07-12-2018
Business: Adv. Brenisa Gowray h/f Gonsalves for DH present.
Adjd to Compliance to 22.02.19.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Court is on leave.
Adjd.to 26/04/19.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv. Gonsalves for DH present.
Adjd. for taking steps to 05/07/19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Adv. Reyden C. Gonsalves for applicant present.
Adjd.for hearing to 02/08/19.
Next Purpose: HEARING
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Court is on leave.
Adjd. to 25/09/19.
Next Purpose: HEARING
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Adv. Trinity Rebello for plaintiff present.
Adjd for hearing to 14/11/2019.
Next Purpose: HEARING
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Evanta Gonsalves along with Adv. Reyden L. Gonsalves for DH present.
Adjd for hearing to 06/02/2020
Next Purpose: HEARING
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Nobody present.
Adjd for hearing to 06/05/2020.
Next Purpose: HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: HEARING
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Business: Due to lockdown, board is discharged.
Next Purpose: HEARING
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv. Gonsalves for plaintiff/DH present.
None for JD/ defendant.
Today matter is for hearing.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for hearing to 11-03-2021.
Next Purpose: HEARING
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Advocate Gonsalves for the D/H present.
None present for J/D.
Matter adjd for hearing on 22.04.2021
Next Purpose: HEARING
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: P. O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. R.L. Gonsalvis for DH/plaintiff present.
None for defendant/JD.
Ld adv for plaintiff/ DH sought time for hearing.
Matter adjd for hearing to 23-11-2021.
Next Purpose: HEARING
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: HHJ is on leave.
Next Purpose: HEARING
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: None present.
Matter Adjd for steps on 09/06/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Adv. Gonsalves for plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for steps on 25/07/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: CA for Plaintiff/DH present.
None for defendant/JD.
Matter Adjd for taking steps on 29-09-2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Plaintiff/DH present.
None for defendant.
Time sought.
Matter Adjd for Steps 24/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Adv. Rebello for plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for steps on 02/02/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. Sayyed for plaintiff/DH present.
None present for defendant/JD.
Time sought.
Matter Adjd for steps on 03/04/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Son of plaintiff/Decree holder present.
None present for defendant.
Time sought. Time granted.
Matter Adjd for steps on 16/06/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: Presiding officer deputed to visit observation home.
Matter Adjd for steps to 03.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: P. O. is on Leave.
Hence, Matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: P. O. is on Training.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-09-2024

Date: 12-09-2024
Business: Matter pertains to Court Room No. 83.
Adv. Trinity Rebello present for Decree Holder / Applicant.
Exh.03- Vakilpatra field by Trinity Rebello.
Draft Chamber Summons filed by Decree Holder.
Affidavit in support of Chamber Summons.
Order - Leave is granted to register chamber summons.
Suit adjourned to 10.10.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-10-2024

Date: 10-10-2024
Business: Adv. Trinity Rebello for DH present and sought time to file register Ch/s. Order - Granted lastly.
Matter is adjourned to 19.12.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 19-12-2024

Date: 19-12-2024
Business: Plaintiff present.
Matter is adjourned to 27.02.2025 for reply.
Next Purpose: REPLY
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: Adv. Trinity Rebello i/b Adv. Eventa Gonsawes for DH present.
Matter is adjourned to 08.05.2025 for Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: C.A of DH present.
Adv. Pragti Khaire for DH present and tendered register Ch/s No.2019/24 TOR.
Matter is adjourned to 17.07.2025 for Ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: PO is on leave.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 14-08-2025

Date: 14-08-2025
Business: Proposed of deceased DH present.
Matter is adjourned to 11.09.2025 for Ch.s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: Son of proposed legal heir of DH present.
Matter is adjourned to 09.10.2025 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: Son of proposed legal heir present.
Adv. Reyden Gonsalves for DH present through VC and sought time to file fresh Ch/s as one of the sister is yet to be added.
Order - Time granted.
Matter is adjourned to 04.12.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2025

Date: 04-12-2025
Business: Son of proposed DH Mr. Simpson Misquitta present and sought time as his advocate is busy in Honble High Court. Order - Time granted as last chance.
Matter is adjourned to 08.01.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: Adv. Eventa Gonsalves for decree holder present through VC.
Matter is adjourned to 03/02/2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: Adv. R. L. Gonsalves  for DH present through VC and prayed that he be allowed to not press Ch.S No.2019/2024 with liberty to file fresh Ch/s today along with VP of proposed DH. Taken on record and marked as Exh.04. Order - The prayer of not pressing Ch.s No.2019/2024 is allowed and the Ch/s is disposed of as not pressed. Draft Ch/s along with supporting affidavit filed through proposed DH No.1 is taken on record. Order - Leave granted to register Ch/s.
Matter is adjourned to 26.02.2026 for Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: Proposed legal heir Mr. Simpsom Misquitta tendered registered Ch/s No.413/2026 along with copy of death certificate. TOR.
Later on 1.20 p.m
Adv. Pragati Khire i/b Eventa Gonsalves for DH present.
ORDER BELOW CH.S NO.413/26
The Ch/s is filed by the proposed applicants of original DH          Mr. Dominic F. Misquitta to bring on record the legal heirs. The applicants are daughter and son whereas, JD No.2 Mr. Jemson D. Misquitta is also the son of deceased  Dominic F. Misquitta. The copy of death certificate reveals DH died on 18.06.2024. The previous Ch. S No. 2019/2024 which was filed within 90 days was withdrawn with permission to file fresh. After the death of original DH, the right to sue survives to his legal heirs. The proposed amendment is technical in nature. Hence following order
ORDER
The Ch/s No.416/2026 in E.A 538/2017 in terms of prayed clause (a) and (b).
The Ch/s No.416/2026 is disposed of.
Matter is adjourned to 07.03.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: DH No.2 Mr. Simpson Misquitta present and filed amended copy of E.A. TOR.
Adv. R. L. Gonsaves for DH present through VC.
Matter is adjourned to 09.04.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: DH No.2 present.
Adv. R. L. Gonsalves for DH present through VC and prayed for time to file documents pertaining to the ownership of JD over the attached property. Order - Time granted.
Matter is adjourned to 11.06.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 11-06-2026

Date: 11-06-2026
Business: DH No.2 Mr. Simpsan Misquitta present.
Adv for DH absent.
None for JD.
On oral request of DH No.2 time is granted for hearing.
Matter is adjourned to 09.07.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: C.A of DH Mr. Simpson Misquitta is present.
Adv for DH is absent.
None for JD.
Kept back
later on at 12.50 p.m
C.A of DH submit that his advocate is still busy in Honble Bombay High Court. Hence adjourned.
Matter is adjourned to 13.08.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-08-2026

Date: 13-08-2026
Business: C.A. of DH Mr. Simpson Misquitta is present.
Adv. R. N. Gonsalves for DH is present through VC.
It appears that despite of direction Dt.09.04.2026 DH has not filed documents ownership of JD/legal heir over the property attached. Ld. Adv. for DH submit that in view of Bailiff report 08.06.2018 the property is attached and sealed. Ld. Adv. for DH further submit that attached premises does exists. However, it appears nature of property attached, its area is not known. Likewise, it is also not known whether it was occupied by some one when it was attached. On this backdrop Ld. Adv. for DH submit that he will move  necessary application in this regard on next date.
Matter is adjourned to 22.09.2026 for Steps by DH.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2026

Date: 22-09-2026
Business: C.A of DH Mr. Simpson Misquitta is present.
None for JD.
In view of noting in last roznama DH is directed to take necessary steps.
Matter is adjourned to 21.10.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2026

Main Case No: SUIT/0107174/2003
Main Cnr: MHCC010058382003
Main Filing No: 111447

CHAMBER SUMMONS/102019/2024
CHAMBER SUMMONS/100413/2026
CHAMBER SUMMONS/102091/2024

Registration Number: 100538/2017
Transfer Date: 13-06-2018
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 13 - COURT 13 ADDL SESSIONS JUDGE

Registration Number: 100538/2017
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 100280/2018
Filing Date: 14-12-2017
First Hearing Date: 24th January 2018
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE