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CHAMBER SUMMONS

Stanislaus Frank RodriguesVsArthur Dsouza And Ors

CNR MHCC01001095201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 24th January 2020

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100137/2018
Registration Date
19 Jan 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 16-03-2018
    Business: PO is on Mediation Training.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-04-2018
    
    Date: 23-04-2018
    Business: Adv. Mrs. Desai Present for the Plff.
    Adv. Bijiliwala Present for the Deft. no. 14.
    Adv. for the Plff filed affidavit of service of CS 137/18. t.o.r.
    As per service affidavit deft no. 1, 2, 4, 7, 9 to 13 and repondent no.1 to 5 from by served with postal remark left and unknown. Hence plff to take necessary steps.
    As per service affidavit Deft no. 4,6,8 as postal track record shows that, deft no .6 and 8 duly served but packet of Deft no. 4 is not delivered. When called deft no. 6 and 8 absent. Hence Cs proceeded Without reply of Ex-parte against the deft no. 6 and 8.
    LD counsel for the Deft no. 14 sought time to file reply to CS 137/18. time granted as strictly last chance.
    Adj. for Reply of CS 646/15, 137/18 and steps on 28/06/2018.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Business: P.O. is on Leave
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-07-2018
    
    Date: 17-07-2018
    Business: Adv Ms.Desai for plff. Present and respondent nos. 1 to 5 in ch/s  137/18.
    Adv Mr. Bjliwala for deft. 14 present.
    Ld. Adv for plff. submitted that though she attempted to make service of the Ch/s upon the defts nos.2,4,5,7,10 to  13 ie. Respondent nos. 1 to 5, the postal envelope has returned back as left/ unclaimed. According to her the postal envelopes were sent on last known address therefore she filed application at Exh.8 for substitute service. Application is not supported with affidavit. Therefore she is directed to file on record affidavit in support of  application Exh.8 for substitute service.
    Deft no. 14 filed reply to ch/s no....Copy supplied to other side
    Adjd for compliance of application at Exh. 8 and for rejoinder by the plff. on  01.09.2018.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-09-2018
    
    Date: 01-09-2018
    Business: Plaintiff Present. Adv. Ms. Swapna Samant for Plaintiff Present and seeks time to file affidavit in support of Exh. 8 Granted Short Time.
    Adv. Mr. Bizliwala  for defendant  no. 14 Present.
    Adjd to 26/09/2018 for rejoinder for ch/su and affidavit in support
    Next Purpose: REJOINDER
    Next Hearing Date: 26-09-2018
    
    Date: 26-09-2018
    Business: Adv. Ms. Avasthi for Plaintiff Present.
    Adv. Ms. Shital Mehata for defendant no. 14 Present. Plaintiff not pressed application Exh. 8. Hence application Exh. 8 is filed.
    Adv. for Plaintiff seeks time to take steps for service of ch/su no. 137/18 . Granted short time as suit is of 1992.
    Adjd to 15/10/2018 for Steps.
    L.O at 04.00 p.m.
    Adv. Dinesh Vishvakarma for respondent / Legal heirs Present
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: P.O. is on Leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Business: Adv. Sonal Awasthi for Plaintiff Present and filed affidavit of service is t.o.r. It shows defendant no. 4 not known so not served defendant no. 4. It shows to defendant nos. 5 to 8 are served by R.P.A.D. Plaintiff filed an application for substitute service upon un-served defendant nos. 2, 4, 5, 7, 10 to 13 and all respondents in news papers The Pre-press Journal and Nav-shakti is marked as Ex 9. ORDER Allowed to serve by substitute service as defendant nos. 2, 4, 5, 7, 10 to 13.
    Adjd to 01/02/2019 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-02-2019
    
    Date: 01-02-2019
    Business: Adv. Ms. Desai for Plaintiff Present and filed service affidavit to show that, ch/su is published on 10/01/2019 in public Newspaper is T.O.R.
    None Present for defendant.
    Adjd to 14/03/2019 for hearing on ch/su
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Plaintiff in person Present.
    Adv. Ms. Shivani Khanna for defendant Present.
    On request of adv. for Plaintiff Adjd to 18/04/2019 for hearing on ch/su
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Adv. Mr. Gada for Plaintiff Present and seeks time for filing rejoinder. Time Granted.
    Adv. Rabab for defendant no. 14 Present.
    Adjd to 03/05/2019 for filing Rejoinder
    Next Purpose: REJOINDER
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Adv. Gada for Plaintiff Present and filed rejoinder in Ch/su 137/18 is t.o.r.
    Adv. Rabab for defendant no. 14 Present.
    Copy of Ch/su 137/18 supply to defendant no. 14.
    Adjd to 22/06/2019 for hearing on ch/su
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-06-2019
    
    Date: 22-06-2019
    Business: Matter was on board of 22.06.2019, however, as holiday was declared on 22.06.2019 matter is taken on today\''s board.
    None present.
    Adjd. to 11.07.2019 for ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: P.O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Adv for plaintiff Mr.Gada present.
    Adv for deft no.14 Mr.Abhijit present.
    Adv for deft no.14 filed Sir rejoinder to C/S 137/18.
    Adv for plaintiff stated that he has received Sir rejoinder filed by deft. (Ld. Counsel for plaintiff objected for filling of Sir rejoinder).
    Matter is Adjd for C/S 137/18 Hearing to 14.10.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Adv for plaintiff Mr.Gada present.
    Adv for deft no.14 Mr.Rabab present.
    Adv for deft requested for adjournment. O-Granted Lastly.
    Matter is Adjd for C/S Hearing to 08.11.2019
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Adv for plaintiff Mr.Desai present.
    Adv for deft no.14 Mr.Bijliwala present.
    Court is busy in dictating Judgement in Suit no. 3977/11 and Session Case 748.18.
    Matter is Adjd for C/S Hearing to 13.12.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: P.O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Adv for plaintiff Mr.Gada present.
    Adv for deft no.14 Mr.Bijliwala present.
    Wife Mrs.Sophia Rodrigwes and Daughter Mrs. Alcina Hayden Misquitta of diseased Defendant no.9 present.
    Heard Argument of Adv for plff. and deft no.14 on C/S.
    Matter is Adjd for C/S Order to 24.01.2020.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Daily Board,
    Adv for plaintiff Mr.Gada present.
    Adv for deft no.14 Mr.Bijliwala present.
    Adv for deft no.9A and 9B present.
    Wife Mrs.Sophia Rodrigwes and Daughter Mrs. Alcina Hayden Misquitta of diseased Defendant no.9 present.
    F.R.S.R. Following order is passed
    1. Chamber Summons No.137 of 2018 is allowed subject to cost of Rs.5000/- to be given to defendant no.14 by plaintiff.
    2. Chamber Summons No.137 of 2018 stands disposed of.
    Exh 10 Adv for deft no.9A and 9B filed VP. T.O.R.
    Plaintiff to supply copy of plaint and documents to all legal hares which are brought on record.
    Matter is Adjd for Compliance to 29.02.2020.
    Nature Of Disposal: ALLOWED
    Disposal Date: 24-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 101265/2018
    Filing Date: 19-01-2018
    First Hearing Date: 16th March 2018
    Decision Date: 24th January 2020
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    24 Jan 2020

    Order Details: Chamber summons Pdf Text: :1: Ch. Sum. No.137/2018 in Suit No.8808/1992 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI CHAMBR SUMMONS NO. 137 OF 2018 CNR NO.: MHCC010010952018 IN SUIT NO. 8808 OF 1992 (HIGH COURT SUIT NO.2031 OF 1992) Stanislaus Frank Rodrigues ]...Plaintiff Versus Arthur D'souza and others ]...Defendants Appearances: Advocate Mr. Gada for the plaintiff. Advocate Mr. Bijliwala for defendant No.14. CORAM : HER HONOUR JUDGE SONALI P. AGARWAL (C.R.NO.14) DATED : 24th JANUARY, 2020. ORAL…

    Read Full Order
    Order 1Full order available
    24 Jan 2020

    Order Details: Chamber summons Pdf Text: :1: Ch. Sum. No.137/2018 in Suit No.8808/1992 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI CHAMBR SUMMONS NO. 137 OF 2018 CNR NO.: MHCC010010952018 IN SUIT NO. 8808 OF 1992 (HIGH COURT SUIT NO.2031 OF 1992) Stanislaus Frank Rodrigues ]...Plaintiff Versus Arthur D'souza and others ]...Defendants Appearances: Advocate Mr. Gada for the plaintiff. Advocate Mr. Bijliwala for defendant No.14. CORAM : HER HONOUR JUDGE SONALI P. AGARWAL (C.R.NO.14) DATED : 24th JANUARY, 2020. ORAL…

    Read Full Order

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