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SUIT - SHORT CAUSE CIVIL SUIT

Shri. Paul Fernandes +1 moreVsSmt. Merlyn Al Dowling

CNR MHCC0100091220202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 03rd September 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100884/2020
Registration Date
21 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-03-2020
    
    Date: 09-04-2020
    
    Date: 21-04-2020
    
    Date: 21-04-2020
    
    Date: 01-06-2020
    
    Date: 18-06-2020
    
    Date: 22-09-2020
    
    Date: 22-09-2020
    
    Date: 12-11-2020
    
    Date: 12-01-2021
    
    Date: 24-02-2021
    
    Date: 31-03-2021
    
    Date: 04-05-2021
    
    Date: 14-07-2021
    
    Date: 31-08-2021
    
    Date: 01-10-2021
    
    Date: 25-11-2021
    
    Date: 25-11-2021
    
    Date: 28-01-2022
    
    Date: 15-03-2022
    
    Date: 20-04-2022
    
    Date: 27-06-2022
    
    Date: 12-08-2022
    Business: Adv. Clive Dsouza for plaintiff present.
    Defendant present and his advocate absent.
    She seek time. Time granted as last chance subject to undertaking to work out matter on next date.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 08/09/2022 on request of defendant.
    Next Purpose: HEARING
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Adv. C. D\''souza  for plaintiff present.
    Adv. Sarika Dubey for defendant present.
    She filed WS. Exh 3  TOR
    She seek time for hearing on n/m. Time granted with undertaking to work out n/m on next date, on failure n/m will proceed further. Plaintiff is not having objection .
    Defendant present.
    Parties are directed to give CTS number of suit property.
    With consent matter is adjd for hearing to 09/11/2022.
    Next Purpose: HEARING
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Adv.  D\''souza for plaintiff present.
    Adv. Sarika Dubey for defendant present.
    She seek time for hearing. Time granted as last chance.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 04/01/2023.
    Next Purpose: HEARING
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: Adv. D\''souza for plaintiff present.
    Adv. Sarika Dubey for defendant present.
    She seek time for hearing. Time granted as last chance, subject to undertaking to work out matter on next date, on failure n/m will proceed further.
    Matter adjourned for hearing to 09/01/2023.
    Next Purpose: HEARING
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Adv. Clive D\''souza for plaintiff present.
    Adv.  A. R. Pandey for defendant present. KB.
    Heard both advocate on n/m no. 1016 of 2020.
    FRSR following order passed :-
    Order -
    Notice of Motion No. 1016 of 2020 is hereby partly allowed in the following terms with no order as to costs.
    a) The defendant is hereby restrained from creating third party interest in the suit house by way of sale, leased, gift, etc.. till the final decision of suit.
    Parties are intending to settle matter. Hence matter be kept before Lok-adalat to be held on 11/02/2023.
    Matter adjourned for Lok-adalat to 11/02/2023.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-02-2023
    
    Date: 11-02-2023
    Business: National Lok Adalat Dated 11.02.202 Panel No.1
    Panel Head – HHJ Shri. D.D.Almale
    Panel Members – Prof. Ms. Falkanaz Shaikh
    Plaintiff present.
    Adv. H. P. D’soza  I/b  Adv. C. D’soza for plaintiff present.
    None present for defendant.
    Adjd to 20/02/2023.
    HHJ Shri.D.D.Almale         Prof. Ms. Falkanaz Shaikh
    (Panel Head)           		(Panel Member)
    Next Purpose: HEARING
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Adv.  Clive D\''souza for plaintiff present.
    ADv. Dubey for defendant present.
    Matter adjourned for draft issue to 12/06/2023.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv. Clive Dsouza for plaintiff present. Plaintiff tendered draft issues.
    Adv. Ms. Sarika Dubey for defendant present. She seeks time to tender draft issues.
    Matter adjourned for draft issues on 31.08.2023.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: Advocate Mr. Clive Dsouza for plaintiff present.
    Advocate Mr. Vijay Dubey for defendant present and seeks time to file draft issues. O- Granted.
    Matter adjourned for draft issues on 25.10.2023.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: PO is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Advocate D’souza  for plaintiff present.
    Advocate Vijay Dube for defendant present.
    Defendant seeks time to draft issues.
    Matter adjourned on 25.01.2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: Advocate Mr. Dsouza for plaintiff present.
    Advocate Mr. Dubey for defendant present and seeks time. O- Granted.
    Matter adjourned for draft issues on 12.03.2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: Advocate Mr. A.Bronze h.f. Advocate Dsouza for plaintiff present.
    Advocate Mr. Siddharth Varma h.f. Advocate Dubey for defendant present and seeks time. O- Granted as a last chance.
    Matter adjourned for draft issues on 10.06.2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: Advocate Mr. Clive Dsouza for plaintiff present.
    Advocate Mr. Dubey for defendant present and tendered draft issues.
    Kept back
    Later on at 5.00 P.M.
    Issues framed and marked as Exhibit-4.
    Matter is adjourned for Recording Evidence on 01.08.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: Advocate Mr. Dsouza for plaintiff present and seeks time. O- Granted.
    Advocate Mr. Babu i/b Vijay Dubey for defendant present.
    Matter is adjourned for Recording Evidence on 06.11.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-11-2024
    
    Date: 06-11-2024
    Business: Advocate Clive Dsouza for plaintiff present and seeks time. O- Granted.
    Advocate Vijay Dubey for defendant present.
    Matter is adjourned for Recording Evidence on 14.01.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-01-2025
    
    Date: 14-01-2025
    Business: Advocate Mr. Clive Dsouza for plaintiff present and seeks time. O- Granted.
    Advocate Mr. M.B. Babu i/b Vijay Dubey for defendant present.
    Matter is adjourned for Recording Evidence on 12.03.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-03-2025
    
    Date: 12-03-2025
    Business: Advocate Mr. Dsouza for plaintiff present and seeks time. O- Granted.
    Advocate Mr. Babu M.B. i/b Vijay Dubey for defendant present.
    Matter is adjourned for Recording Evidence on 13.06.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-06-2025
    
    Date: 13-06-2025
    Business: PO is on leave, hence adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-08-2025
    
    Date: 21-08-2025
    Business: P.O IS ON LEAVE
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-11-2025
    
    Date: 13-11-2025
    Business: P.O IS ON LEAVE
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-12-2025
    
    Date: 16-12-2025
    Business: Advocate Mr. Clive Dsouza for plaintiff is present. He seeks time to file evidence affidavit. O- Granted as a last chance.
    Advocate Vijay Dubey for defendant is present.
    Matter adjourned to 10.02.2026 for Recording Evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-02-2026
    
    Date: 10-02-2026
    Business: Advocate for Clive Dsouza plaintiff No. 1 is present.
    Advocate Vijay Dubey for defendant is present.
    Witness is present.
    She filed Evidence affidavit for defendant. TOR and Marked At Exh-05.
    Oath is administered to the witness. She identified his signs and admitted entire contents of his evidence affidavit at Exhi-05 to be true and correct.
    And List of documents. TOR and Marked At Exh-06.
    Copies of Exh-05 and 06 be served upon other side.
    Matter adjourned to 13.03.2026 for Admission and Denial.
    Judge
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 13-03-2026
    
    Date: 13-03-2026
    Business: P.O IS ON LEAVE
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 10-06-2026
    
    Date: 10-06-2026
    Business: Advocate Mr. Clive Dsouza for plaintiff is present.
    Advocate Vijay Dubey for defendant is present.
    At the request of both the parties, matter is referred for mediation. As a matter of chance, present suit is referred for mediation.
    Matter adjourned to 11.08.2026 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 11-08-2026
    
    Date: 11-08-2026
    Business: Advocate Clive Dsouza for plaintiff is present.
    Advocate Vijay Dubey for defendant is present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned to 25.08.2026 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 25-08-2026
    
    Date: 25-08-2026
    Business: PO is on leave.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 03-09-2026
    
    Date: 03-09-2026
    Business: Advocate Clive Dsouza for plaintiff is present.
    Mediation report Exhibit-7 alongwith Consent terms Exhibit-8 received.
    Parties identified by the Ld. advocate for plaintiff (parties are brother and sister), are before me. They admit the matter to have been settled. The consent term Exhibit-8 are verified read and recorded as being admitted by the parties to be true, correct and voluntarily made.
    The suit is decreed in consent terms.
    Parties to bear their own costs.
    Nature Of Disposal: CONSENT DECREE
    Disposal Date: 03-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101043/2020
    Filing Date: 22-01-2020
    First Hearing Date: 13th March 2020
    Decision Date: 03rd September 2026
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    03 Sept 2026
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100884/2020
    Shri. Paul Fernandes Vs Smt. Merlyn Al Dowling
    Date : 03-09-2026
    Business : Advocate Clive Dsouza for plaintiff is present. Mediation
    report Exhibit-7 alongwith Consent terms Exhibit-8 received.
    Parties identified by the Ld. advocate for plaintiff (parties are
    brother and sister), are before me. They admit the matter to
    have been settled. The consent term Exhibit-8 are verified
    read and recorded as being admitted by the parties to be true,
    correct and voluntarily made. The suit is decreed in consent
    terms. Parties to bear their own costs.
    Nature of Disposal : CONSENT DECREE
    Disposal Date : 03-09-2026
    COURT 02 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Interim Order 1Full order available
    10 Jun 2024

    Order Details: Other Pdf Text: 1 Exh.4 IN THE CITY CIVIL COURT AT GREATER MUMBAI SUIT NO. 884 OF 2020 Shri Paul Fernandes & Anr. ...Plaintiffs. Versus Smt. Merlyn Al Dowing ...Defendant. CORAM : HIS HONOUR JUDGE R.V. Bhakta (Court No.: 2) DATED : 10th June, 2024. ISSUES 1) Whether plaintiffs prove that they are the co-owners of the suit property ? 2) Whether the plaintiffs prove that they are collectively entitled to two thirds undivided share, right, title and…

    Read Full Order
    Order 1Full order available
    10 Jun 2024

    Order Details: Other Pdf Text: 1 Exh.4 IN THE CITY CIVIL COURT AT GREATER MUMBAI SUIT NO. 884 OF 2020 Shri Paul Fernandes & Anr. ...Plaintiffs. Versus Smt. Merlyn Al Dowing ...Defendant. CORAM : HIS HONOUR JUDGE R.V. Bhakta (Court No.: 2) DATED : 10th June, 2024. ISSUES 1) Whether plaintiffs prove that they are the co-owners of the suit property ? 2) Whether the plaintiffs prove that they are collectively entitled to two thirds undivided share, right, title and…

    Read Full Order

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