Shri Jack Rosario Fernandes Dispute No. CC/III/No.395 of 2007 Deleted Mrs. Audrey B. Mendas and Ors +4 moreVsShri. Anthony J. Fernandes and Ors. +2 more

Date: 04-02-2019
Business: Miss. Surabhi Gujar, Advocate for plaintiff present. As court is on leave, board discharged, matter is adjourned to 06/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: Miss. Surabhi Gujar, Advocate for plaintiff present. As the decree sought to be executed is transfer decree, being the award passed by the co-operative court, Ms. Gujar agrees for issue of notice before execution. Hence, issue notice before execution returnable on 18/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-03-2019

Date: 18-03-2019
Business: Shri. Ankush Mhatugade, advocate for plaintiff present. Shri. Mhatugade, states that the appeal preferred by the defendant has been allowed by the Honourable High Court, against which the plaintiff is intending to file the Writ Petition and hence, he requests for adjournment. Hence, on request of Shri. Mhatugade, adjourned to 22/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Parties and Advocate absent, adjd to  29/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 29-06-2019

Date: 29-06-2019
Business: Ms. Surabhi Gujar, advocate for the Plaintiff present. Ms. Gujar states that Writ Petition no.5549/2019 and Writ Petition (ST) No.9889/2019, are pending in the Honourable High Court and presently adjd to 09/07/2019. In view of this, on request of Ms. Gujar, adjd to 17/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: Ms. Surabhi Gujar, advocate for the Plaintiff present. On request of Ms. Gujar, in view of pendency of Writ Petition in the Honourable High Court, adjd to 05/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Ms. Surabhi Gujar, advocate for the Plaintiff present. Ms. Gujar states that Writ Petitions filed in the Honourable High Court are due on 23/08/2019 and hence, on request of Ms. Gujar, adjd to 16/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Ms. Surbhi Gujar, advocate for the Plaintiff present. On request of Ms. Gujar, adjd to 03/12/2019, as the Writ Petition is pending in the Honourable High Court, Bombay.
Next Purpose: FOR___________________
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Ms. Surabhi Gujar, advocate for the plaintiff present.
On request of Ms. Gujar, adjd to 03/02/2020, in view of pendency of the Honourable High Court.
Next Purpose: FOR___________________
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Ms. Surabhi Gujar, advocate for the plaintiff present.
On request of Shri. Gujar, adjd to 14/02/2020, as the Writ Petition is on board on 05/02/2020 in the Honourable High Court, Bombay.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Ms. Surabhi Gujar advocate for plaintiff present.
On request of Ms. Gujar, adjourned to 02/04/2020, in view of pendency of the Writ Petitions in the Honourable High Court, Bombay.
Next Purpose: FOR___________________
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Ms. Surbhi Gujar Advocate for plaintiff present.
On request of Ms. Gujar matter adjourned to 30/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 03/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Shri Mithil Tapal advocate for plaintiff present.
Shri Tapal states that plaintiff has expired and on his request for taking steps adjourned to 22/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Shri Pawan Tiwari advocate for plaintiff present.
On request of Shri Tiwari for taking instructions in respect of bringing the legal heirs of deceased plaintiff on record and as regards status of Writ Petitions pending in the Honourable High Court, matter adjourned to 14/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Shri Pawan Tiwari , Advocate for plaintiff present.
On request of Shri Tiwari matter adjourned to 01/02/2022, for taking steps to bring legal heirs on record.
Next Purpose: FOR___________________
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 08/04/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Shri Shiwam Gawde, Advocate for Plaintiff present.
None for defendant.
On request of Shri Gawde matter adjourned to 23/06/2022, for taking steps to bring the legal heirs of deceased plaintiff on record.
Next Purpose: FOR___________________
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: As court is on leave, board discharged and matter adjourned to 06/09/2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Shri Dhiraj Zokande, advocate for plaintiff present.
Shri Zokande,seeks time to take steps to bring the legal heirs of deceased disputant on record stating that they are resident of Goa.
Time granted by way of last chance and matter adjourned to 29/09/2022.
Next Purpose: FOR___________________
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Parties and advocate absent adjourned to 17/11/2022, for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Shri Pawan Tiwari, Advocate for Plaintiff present.
Exe.application marked as Exh.A(Colly.).
Shri Tiwari, has tendered application to bring legal heirs of deceased disputant on record t.o.r and marked as Exh.B.
He has also tendered vakalatnama of Harish Pawar, Advocate for legal heirs of deceased disputant, t.o.r. marked as Exh-C.
Application to bring the legal heirs of deceased disputant is allowed.
Exe.Application be amended accordingly within 14 days from today and notice after amendment be issued returnable on 11/01/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Shri Pawan Tiwari, advocate for plaintiff present.
Shri Tiwari tendered adjournment application, seeking extension of time to carry out amendment for the reasons mentioned in the application, t.o.r. marked as Exh-D.
Application allowed, subject to payment of cost of Rs.500/- the the State of Maharashtra.
Subject to payment of cost as aforesaid, amendment be carried out within 14 days from today and notice after amendment be issued, returnable on 16/02/2023.
Next Purpose: NOTICE
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Shri Tiwari, Advocate for plaintiff present.
Shri Tiwari, prays for longer adjournment to carry out amendment stating that some of the legal heirs of deceased plaintiff are not well.
Hence, time to carry out amendment is extended til 23/03/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: As Court is on leave, board discharged and matter adjourned to 01/04/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Shri Pawan Tiwari, Advocate for Plaintiff present.
Shri Tiwari, seeks extension of time to carry out amendment.
As the amendment has not been carried out within time granted for the same, on earnest request of Shri.Tiwari extension of time is granted, subject of payment of cost of Rs.500/- to state to be paid before carrying out amendment, which should be carried out within 14 days from today.
Notice after amendment be issued, returnable on 14/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: As Court is on leave, board discharged and matter adjourned to 24/07/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Ms. Charushila Gorad, advocate for plaintiff present.
Ms. Gorad states that on account of difference in the name of plaintiff in Cause Title and in Death Certificate, amendment could not be carried out and seeks time to take appropriate steps.
Matter is old one and no steps have been taken till date and cost awarded on last occasion has also not been paid and hence, matter adjourned for dismissal to 07/08/2023, making it clear that plaintiff may pay the cost of Rs.500/- before next date.
Next Purpose: DISMISSAL
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Shri Harish Pawar, advocate for Disputant present.
Shri Pawar states that somehow cost awarded on last occasion has not been paid and seeks some time to pay the cost and seeks extension of time to carryout the amendment on the basis of application which being tendered today.
Shri Pawar has tendered application clarifying therein the facts in regard to difference of name of the Disputant in the pleadings and in death certificate, annexing therewith copies of relevant documents, in support of amendment application already filed on record, t.o.r and marked as Exh.E.
Hence, on request of Shri Pawar time to pay cost is extended till 18/08/2023.
Upon payment of cost, amendment be carried out on or before 29/08/2023, on the basis of application filed today.
For further directions, matter adjourned to 30/08/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Shri Pawan Tiwari, advocate for plaintiff present.
Shri Tiwari states that amendment has been carried out and
request for adjournment for taking further steps by taking
instructions in respect of status of writ petition filed before High
Court and on his request, matter adjourned to 10/10/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Shri Shivam  Gawde, advocate for plaintiff present.
Ms. Dipali Viktor, advocate for defendant No.1 present.
Ms. Viktor seeks time to file Vakalatnam and reply of defendant, to which Shir Gawde has no objection.
Hence, by consent, for Vakalatnama and Reply of defendant No.1, matter adjourned to 10/11/2023.
Next Purpose: REPLY
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: Shri Shivam Gawade, Advocate for Plaintiff present.
Ms.Deepali Victor, Advocate for Defendant No.1 present.
Ms.Victor tendered Vakalatnama for Defendant No.1, t.o.r. marked as Exh-F.
Ms.Victor seeks two weeks time to file reply.
However, considering the fact that the matter being old, short adjournment is being granted till 20/11/2023, for the defendant No.1 to file reply.
Adjourned to 20/11/2023, for reply of defendant No.1.
Next Purpose: REPLY
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: Shri Shivam Gawade, Advocate for Plaintiff present.
Ms.Deepali Victor, Advocate for Defendant No.1 present.
Ms.Victor seeks time to file reply and has tendered application to provide documents/records, from the advocate for plaintiff, t.o.r. marked as Exh-G.
Shri Gawade submits that necessary documents will be provided to Ms.Victor and hence, by consent, for reply of defendant No.1, matter adjourned to 03/01/2024.
Next Purpose: REPLY
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Shri Shivam Gawde, advocate for plaintiff present.
Ms. Deepali Victor, advocate for defendant No.1 present.
Ms.Victor seeks time to file reply, to which Shri Gawde has no objection and hence, by  consent, for reply of defendant No.1, adjourned to 01/02/2024.
Next Purpose: REPLY
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: As Ld. I/C. Registrar is busy in Administrative work in the Honourable High Court, Bombay, board discharged and matter adjourned to 21/03/2024.
Next Purpose: REPLY
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: Shri Pawan Tiwari, Advocate for Plaintiff present.
Ms. Akhila Valsan, i/b Ms. Deepali Victor advocate for defendant present.
Shri Tiwari submits that matter is likely to be settled and seeks adjournment.
Ms. Valsan submits that if no settlement is arrived at, defendant will file reply in the matter.
Hence, by consent, matter adjourned to 09/05/2024.
LO
Ms. Deepali Victor, advocate for defendant appeared and she has been informed about todays roznama and next date.
Next Purpose: REPLY
Next Hearing Date: 09-05-2024

Date: 09-05-2024
Business: Shri Shiwam Gawade, advocate for plaintiff present.
Ms. Deepali Victor, advocate for Defendant No.1 present.
Both the advocate seek adjournment stating that they will consider the matter for settlement.
Shri Gawade, submits that appropriate steps will be taken in the proceedings pending before the Honourable High Court.
Ms. Victor submits that if no settlement arrived at she will file reply in the matter.
Hence, by consent matter adjourned to 16/07/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: As Court is on leave, board discharged and matter adjourned to 22/08/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: Shri Shivam Gawde, advocate for plaintiff present.
Ms. Anupama Gawde, advocate for defendant No.1 present.
Both the advocates seek adjournment on the ground of settlement and they are instructed to exchange the settlement proposal and to make concrete statement about settlement on next date.
Hence, by consent, matter adjourned to 09/10/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: Shri Shivam Gawde, advocate for plaintiff present.
Shri Anthony Fernandes, defendant present.
Shri Gawde submits that he has tendered setlement proposal to Defendant today only and awaiting reply thereon from the defendant, requests for adjournment.
Hence, by consent, matter adjourned to 25/11/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: Shri Rudra Kane, advocate for plaintiff present.
Ms. Anupama Gawade, advocate for defendant present.
By consent, of both the advocates on the ground of settlement, matter adjourned to 27/01/2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Shri Shiwam Gawade, advocate for plaintiff present.
Ms. Anupama Gawade, advocate for Defendant No.1 present.
On request of both the advocates, on the ground of settlement matter adjourned to 26/03/2025.
Making it clear that on failure to arrived at settlement defendant should filed reply on next date.
Next Purpose: SETTLEMENT
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: As court is on leave, board discharged, matter adjourned to 15/04/2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: Shri. Shivam Gawade, advocate for plaintiff present.
None present for defendant.
Shri. Gawade states that settlement talks between parties failed.
No settlement possible between parties. Hence on request of Shri. Gawade matter may be proceeded further.
As none for defendant, by way of last chance for filing reply matter adjourned to 23/06/2025.
Next Purpose: REPLY
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: Shri. Shivam Gawade h/f Harish Pawar, advocate for D.H. present.
None for J.D. present.
Ld. Advocate submitted that Writ Petition is pending before Hon. Bombay High Court and praying for date for settlement, request granted.
Matter adjourned to 19/09/2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: Shri. Shivam Gawade h/f Harish Pawar, advocate for D.H. present.
Ld. Advocate submit that writ petition is pending before Hon. High Court.
Matter adjourned to 20/11/2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-11-2025

Date: 20-11-2025
Business: Ms. Sonal Bhor,  advocate present.
Ld. Advocate states that present E.A. is stayed by Hon. High Court and filed copy of order in WP No. 5549/2019 and seeks longer adjournment.
Perused order filed by Ld. Advocate there is no mention about the stay in the order.
Matter adjourned to 24/12/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-12-2025

Date: 24-12-2025
Business: Shri. Shivam Gawade h/f Harish Pawar, advocate for D.H. present.
None for J.D. present.
Ld. Advocate submitted that Writ Petition is pending before Hon. Bombay High Court and praying for date, request granted.
Matter adjourned to 12/03/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-03-2026

Date: 12-03-2026
Business: P.O. is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: Adv.Sonal Bhor for DH present.
None for JD.
Ld Adovate for DH tender copy of writ petition no.5549 of 2019. Kept in R and P and Ld Advocate praying for time to take proper steps on next date.
Matter adjourned to 30/04/2026 for taking proper steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: Miss. Snehal Bhor h/f Harish Pawar, Advocate for DH present.
None for JD.
Ld Advocate for DH submit the copy of Writ Petitioner kept in R and P.
Office is to verify current status of W.P.
Matter adjourned to 18/07/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: Shri. Shubham Gawde, i/b Harish Pawar, advocate for DH present.
DH no.01 present.
JD no.01 present.
Ld advocate for DH tender additional affidavit behalf of DH alongwith order passed by Honourable High Court in writ petition no. 5549/2019, writ petition no. 5073/2024 dated 24.03.2026 as Annexure A. and B. TOR and marked as Exh.H.
Copy served to other side.
Ld advocate for DH praying for issuance of warrant U/o. XXI, Rule 35 of CPC.
Issue warrant as prayed.
Matter adjourned to 01/09/2026 for service report of warrant.
Next Purpose: REPORT
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: P.O. is on leave, matter adjourned to 21/09/2026 for report.
Next Purpose: REPORT
Next Hearing Date: 21-09-2026

Filing Number: 100228/2019
Filing Date: 24-01-2019
First Hearing Date: 04th February 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI