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NOTICE OF MOTION

Vivian D-of Wilfred FonsecaVsBertha D-of Wilfred Fonseca and Ors.

CNR MHCC01001235201920-COURT 20 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 29th January 2020

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100492/2019
Registration Date
01 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-02-2019
    Business: Adv. Aditya Kavale Present for the Plff.
    Adv. Zaharana Present for the Deft. no. 5 to 11.
    Adv. Madhikikar Present for the Deft. no. 20.
    Adv. Dhawan Present for the Deft. no. 21.
    Deft no. 18 inperson present.
    Ld counsel for the Plff filed registered NM 492/19 alongwith affidavit. t.o.r.
    Ld counsel for the plff sought time to file service affidavit of NM 492/19. Granted.
    Ld counsel for Deft no. 5 to 11 submitted that they are not wiling to file separate reply of NM 492/18 but argue the same.
    LD counsel for Deft no.20 sought time to filing reply to NM 492/19.
    Ld counsel for the Deft no.21 filed reply to NM 492/19.
    Deft no.18 inperson sought time to file reply to NM 492/19.
    Adj. For service affidavit of NM and reply by deft no.21 of NM 492/19 on 05/04/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Adv. Abbas Zaydi Present for the Plff.
    None Present for the Deft. no. 5 to 11.
    Adv. V. S. Singh Present for the Deft. no.20 undertake to file VP.
    Adv. Vasant Dhavn Present for the Deft. no.21.
    Deft no. 18 inperson present.
    Representative Court Receiver Mrs. Priti Pawshe Present for the High Court Receiver.
    Ld counsel for the plff filed affidavit of the service of NM 492/19. t.o.r.
    Ld counsel for the deft no.20 sought time filing reply to NM 492/19.
    Ld counsel for the plff submitted that they came to know that deft no.20 has created third party interest in respect of some portion of suit property inspite of the order of Status-quo of Hon\''ble High Court. He also submitted that he informed the court receiver about it.  The Representative of court Receiver submitted about receipt of the information and filing detail report about it.
    Hence matter kept for report of court receiver steps by plff and reply of NM 492/19 by deft no. 20 on 07/06/2019.
    Next Purpose: REPLY
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Court is on leave, 2nd Sessions.
    Matter adjd on 04.07.2019.
    Next Purpose: REPLY
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Adv. Abbas Zaydi for plaintiff present.
    None present for D-5 to 11.
    D-18 (In-person) and Representative of D-20 are present.
    Adv. Vasant Dhawan for D-21 present.
    Smt. R. Karnakar Court Receiver, Hon\''ble H/C present.
    Adv. Y.S. Singh for D-20 present. He undertakes to file VP today. On his request short time as last chance is granted for filing reply to NM.
    Matter adjd for reply to NM by D-20 and report by Court Receiver on 01/08/2019.
    Next Purpose: REPLY
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Adv. Aditya Powale for plaintiff present.
    D-18 (In-person) present.
    Adv. Pankaj Shah for D-5 to 11 present.
    Adv. Y. Singh for D-20 present.
    Adv. Dhavan for D-21 present.
    Ms. Ujwala Sankyal, SO, Hon\''ble H/C receiver officer present.
    Exh.13 Report submitted by Court Receiver. TOR.
    Exh.14 VP filed by Adv. Y. Singh for D-20. TOR.
    Ld. counsel for D-20 filed reply to NM.
    Ld. counsel for D-20 filed Draft NM alongwith affidavit. TOR.
    ORDER Heard. Leave granted. NM be registered. Copy are served to parties except D-21 and Court Receiver. Ld. Counsel undertakes to supply copies to them.
    Matter adjd for hearing of NM No.492/19 and filing registered NM and reply on 30/08/2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Adv. Aditya Kewale for plaintiff present.
    Adv. Y.S. Singh for D-20 present.
    D-18 (In-person) present.
    Adv. Vasant Dhawan for D-21 present.
    Ms. Rohini Karunakar, Hon\\\''ble H/C Court Receiver present.
    Matter adjd for NM hearing on 07/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: PO is on leave. Hence adjourned on next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv. Mr. Kavale for plaintiff present.
    Adv. Mr.Vasant Dhavan for D-21 present.
    Adv. Mr. Pakaj Shah for D-5 to 11 present.
    Adv. Mr Y. S. Sing for D-20 present.
    Ld. counsel for D-20 field registered NM 3014/19 a/w affidavit T.O.R.
    Ld. counsel for plff. file to NM 3014/19 T.O.R.
    Ld. counsel by D-21 file reply to NM no.3014/19 T.O.R.
    Ld. counsel for plff. file rejoinder to reply in NM 492/19 T.O.R.
    Ld. counsel for D-20 submitted that notice is served on remaining parties I.e. D-21 and court receiver.
    Ld. counsel for D-5  to 11  submitted that he is not going to filed reply to both the NMs.
    On the request of Ld. Counsel for plff. time is granted for argument on both argument.
    Matter adjd to 02.12.2019 for Argument of both NM.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-12-2019
    
    Date: 07-11-2019
    Business: Adv. Mr. Kavale for plaintiff present.
    Adv. Mr.Vasant Dhavan for D-21 present.
    Adv. Mr. Pakaj Shah for D-5 to 11 present.
    Adv. Mr Y. S. Sing for D-20 present.
    Ld. counsel for D-20 field registered NM 3014/19 a/w affidavit T.O.R.
    Ld. counsel for plff. file to NM 3014/19 T.O.R.
    Ld. counsel by D-21 file reply to NM no.3014/19 T.O.R.
    Ld. counsel for plff. file rejoinder to reply in NM 492/19 T.O.R.
    Ld. counsel for D-20 submitted that notice is served on remaining parties I.e. D-21 and court receiver.
    Ld. counsel for D-5  to 11  submitted that he is not going to filed reply to both the NMs.
    On the request of Ld. Counsel for plff. time is granted for argument on both argument.
    Matter adjd to 02.12.2019 for Argument of both NM
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-12-2019
    
    Date: 07-11-2019
    Business: Adv. Mr. Kavale for plaintiff present.
    Adv. Mr.Vasant Dhavan for D-21 present.
    Adv. Mr. Pakaj Shah for D-5 to 11 present.
    Adv. Mr Y. S. Sing for D-20 present.
    Ld. counsel for D-20 field registered NM 3014/19 a/w affidavit T.O.R.
    Ld. counsel for plff. file to NM 3014/19 T.O.R.
    Ld. counsel by D-21 file reply to NM no.3014/19 T.O.R.
    Ld. counsel for plff. file rejoinder to reply in NM 492/19 T.O.R.
    Ld. counsel for D-20 submitted that notice is served on remaining parties I.e. D-21 and court receiver.
    Ld. counsel for D-5  to 11  submitted that he is not going to filed reply to both the NMs.
    On the request of Ld. Counsel for plff. time is granted for argument on both argument.
    Matter adjd to 02.12.2019 for Argument of both NM.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: HHJ IS ON TRANING
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-12-2019
    
    Date: 02-12-2019
    Business: HHJ IS ON TRANING
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-12-2019
    
    Date: 02-12-2019
    Business: HHJ IS ON TRANING
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Adv. Aditya Kavle with for plff present.
    Adv. Singh for defendant No.20 present.
    Adv. Almeida for deft No. 21 present.
    Defendant No.18 in-person present.
    Heard Argument of Deft No. 20 and 21.
    Later on at 4.28 pm
    Adv. Abbas for plff present.
    Adv. Chirag for deft no. 5 to 11 present.
    Order on NM 3014/19  Heard Adv. for deft No.20. Plff and Plff advocate are absent. Heard advocate of deft No.21. Later Junior advocate of plff appeared. Heard Adv. for plff. He relied upon order 22 Rule 10 of C.P.C. and court receiver report 141/2019/G Exh.13. He also submits that court receiver report be seen to see conduct of deft no.20.
    Order on NM No.492/19 Heard Adv. for plff. He relied upon order 18 rule 1  of C.P.C. Adv for deft no.5 to 11 seeks time to argue. Keep for argument of deft no. 5 to 11 and deft no. 20.
    Matter adjd for Order on NM No. 3014/19 and argument of Adv. for deft no. 5 to 11, 20 and 21 on NM 492/19 on 20/12/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv.Mr. Aditya Kawale for plaintiff present.
    Adv.Mr. Vasant Dhavan for defendant no. 21 present.
    Adv.Mr. Pankaj Shah for defendant no. 5 to 11 present.
    Defendant no. 18 in person present.
    Exh. 15      Pursis filed by advocate for defendant no. 21.O- Seen.
    Matter adjd to 3.1.2020 for order on N/M.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: Adv. Aditya Kawle  for plaintiff present.
    Adv. Singh for defendant no.20 present.
    Adv. Vasant Dhawan for deft no.21 present.
    Heard Adv for deft no. 20 and 21 argument on NM 492/19.
    Later on at 5.35 pm
    Deft no.18 present.
    Deft no. 5 to 11 and their Adv are absent. Keep for argument of deft no. 5 to 11 on NM 492/19 and order on NM 3014/19.
    Court busy in hearing other matters. Hence adj for order on NM 3014/19.
    Matter adjd for for argument of deft no. 5 to 11 on NM 492/19 and order on NM 3014/19 on 18/01/2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Adv. Aditya Kawle for plaintiff present.
    Adv. Pankaj Shah for deft no. 5 to 11.
    Adv. Vasant Dhawan for defendant  No.21 present.
    Defendant No. 18 in-person present.
    Adv. for defendant No.21 filed pursis with written notes of submissions to NM No.492/19. t.o.r. O-seen.
    Adv. for deft no. 21 also filed copy of order passed in application of Exh.10 dt. 10/01/2017 passed by then presiding officer of C. R. No.23. t.o.r.
    Deft no.20 and Adv. for deft no. 20 both are absent. Deft no. 20 Advocate already argued on NM No.492/19 on 03/01/2020. Hence matter adjourned for order in both NM.
    Court is busy in mediation. Hence Adjourned for NM order.
    Matter adjd for Order on NM No.3014/19 and NM No.492/19 on  29/01/2020 at 02.45 pm.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Plaintiff and Advocate for plaintiff both are absent.
    Adv. Vasant Dhawan for Defendant no.1 present.
    Representative of deft no.2 present.
    Defendant No. 18 present.
    F.R.S.R. following order is passed.
    ORDER
    1. Notice of Motion No.492/19 is rejected.
    2. Costs in cause.
    F.R.S.R. following order is passed.
    ORDER
    1. Notice of Motion No.3014/19 is rejected.
    2. Costs in cause.
    Matter adjd for evidence of plff on 21/02/2020 at 11.00 am
    Nature Of Disposal: DISMISSED
    Disposal Date: 29-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 101374/2019
    Filing Date: 01-02-2019
    First Hearing Date: 22nd February 2019
    Decision Date: 29th January 2020
    Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Jan 2020

    Order Details: Notice of Motion Pdf Text: CNR No. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.492 OF 2019 IN S.C. SUIT NO.8043 OF 1996 (HIGH COURT SUIT NO.3432 OF 1996) Vivian daughter of Wilfred Fonseca and wife ] Of Ravi Shetty ] … Plaintiff Vs. 1. Bertha daughter of Wilfred Fonseca wife ] Of Brandon Andredas ] ... Defendants Appearances : Mr. Aditya Kawle, Ld. Adv. for plaintiff. Mr. Pankaj Shah, Ld. Adv. for defendant…

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