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NOTICE OF MOTION

Mrs Bertha Tulemino AntaoVsMrs. Maria Afra Antao

CNR MHCC01001244202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 02nd May 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100377/2020
Registration Date
23 Jan 2020

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: 23-01-2020
    Business: Advocate Mr. K. L. Ganesh @ Plaintiff present
    Advocate Mr. Lokesh Zade for Defendant present
    As observed in previous roznama by the court, both parties signed referral letter to refer the matter for mediation.  Hence, matter is sent for mediation.
    Earlier order to continue till next date.
    Case is adjourned to 16/03/2020 for report of mediation.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: None present for Plaintiff. None present for Defendant.
    Case is adjourned to 15/06/2020 for report of mediation.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 10-08-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-12-2020
    
    Date: 22-09-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Court is on leave.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Plff. in person present.
    None present for deft.
    Plff seeks adjournment as her advocate is absent.
    On request of plff matter is adjd. for NM hearing to 28.04.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2021
    
    Date: 06-02-2021
    Business: Plff. in person present.
    None present for deft.
    Plff seeks adjournment as her advocate is absent.
    On request of plff matter is adjd. for NM hearing to 28.04.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 23-07-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 29-09-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: None present for both parties.
    Plff has not tendered registered NM No.377/2020 in court till date hence, said NM is kept for dismissal order on next date.
    Matter is adjd. for NM dismissal order to 25.01.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: Adv. Smt. Carmen Fernandes for the plaintiff present and tendered registered NM No.377 of 2020 alongwith affidavit in support.
    Said Notice of Motion is kept for dismissal order.
    Since the Notice of Motion is tendered in court today, plaintiff is directed to serve the said Notice of Motion on the defendant.
    None present for defendant.
    Matter adjourned for service of NM to 28.03.2022
    Next Purpose: SERVICE
    Next Hearing Date: 28-03-2022
    
    Date: 25-01-2022
    Business: Adv. Smt. Carmen Fernandes for the plaintiff present and tendered registered NM No.377 of 2020 alongwith affidavit in support.
    Said Notice of Motion is kept for dismissal order.
    Since the Notice of Motion is tendered in court today, plaintiff is directed to serve the said Notice of Motion on the defendant.
    None present for defendant.
    Matter adjourned for service of NM to 28.03.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Court is on Leave
    Next Purpose: SERVICE
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adv.Carmen Fernandis for plaintiff present.
    Adv.Lokesh Zade for defendant present.
    Plaintiff filed service affidavit t.o.r. and marked as Exh.4.
    Deft. submits that matter is likely to be settled. Hence, adjd for settlement talks/reply/ws to 22.07.2022 at morning sessions.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Adv.C. Fernandis for plaintiff present.
    Adv.Lokesh Zhade for defendant present.
    The Ld.Adv. for plaintiff submits that settlement talks are not possible. The Ld.Adv. for deft. requested time for filing reply. Heard both parties. Their are chances of settlement. Parties are daughter-in-law and mother-in-law. Advocates for the parties are suggested to keep parties present on 13.08.2022 for lok-adalat.
    Matter adjd to 13.08.2022 for Lokadalat/reply in NM.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Both parties are absent.
    Matter is not settled.
    Case is adjourned to 14.10.2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: Adv.Ms.C.Fernandes for plaintiff present.
    Adv.Lokesh Zade for defendant present.
    Both advocates submits that settlement talks are in progress.
    Matter is referred to lok-adalat.
    Matter adjd to 12.11.2022 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 14-10-2022
    Business: Adv.Ms.C.Fernandes for plaintiff present.
    Adv.Lokesh Zade for defendant present.
    Both advocates submits that settlement talks are in progress.
    Matter is referred to lok-adalat.
    Matter adjd to 12.11.2022 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: Both parties are absent.
    Matter is adjourned to   13-12-2022
    Not settled.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Court is on leave hence matter Adjourned
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv.C. Fernandes for plaintiff present.
    Adv.Lokesh Zade for defendant present.
    Both parties are requested for adjournment contending that settlement talks are in progress.
    Matter adjd to 21.04.2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: Adv.C. Fernandes for plaintiff present.
    None present for defendant.
    The Adv.for the plaintiff submits that settlement talks was in progress. She consented for referring the suit to the mediation. Defendants are absent.
    Matter adjd to 24.07.2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Next Purpose: SETTLEMENT
    Next Hearing Date: 29-09-2023
    
    Date: 24-07-2023
    Next Purpose: SETTLEMENT
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: None for plaintiff.
    None for defendant
    From the perusal of the record, it appears that though the matter is pending for settlement since last 3-4 dates, there is no amicable settlement of the dispute between the parties. It also appear that NM No. 377/2020 is pending since long. Hence, matter be fixed for hearing to the said NM.  As a last chance to the plaintiff, failing which the said NM may be dismissed for want of prosecution.
    Matter is adjd.to 04-11-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Plaintiff in person present. Her advocate absent.
    None for defendant
    Matter is adjourned to 02-12-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: Adv. C. Fernandes for plaintiff present.
    Adv. Lokesh Zade for defendant present.
    Matter is adjourned to 06-02-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2024
    
    Date: 02-12-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2024
    
    Date: 06-02-2024
    Business: Advocate C. Fernandes for Plaintiff present.
    Advocate Lokesh Zade for defendant present.
    With consents of both sides, matter adjourned on 22.04.2024.
    Matter stands adjourned on 22.04.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2024
    
    Date: 06-02-2024
    Business: Advocate C. Fernandes for Plaintiff present.
    Advocate Lokesh Zade for defendant present.
    With consents of both sides, matter adjourned on 22.04.2024.
    Matter stands adjourned on 22.04.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: Advocate Carmen Fernandes alongwith plaintiff present.
    Advocate Lokesh Zade for defendant present.
    Matter stands adjourned on 25.07.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2024
    
    Date: 22-04-2024
    Business: Advocate Carmen Fernandes alongwith plaintiff present.
    Advocate Lokesh Zade for defendant present.
    Matter stands adjourned on 25.07.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
    Plaintiff present her Adv. absent.
    None for defendant present.
    Matter adjourned for Notice of Motion hearing.
    Matter stands adjourned on 01/10/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2024
    
    Date: 25-07-2024
    Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
    Plaintiff present her Adv. absent.
    None for defendant present.
    Matter adjourned for Notice of Motion hearing.
    Matter stands adjourned on 01/10/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: Adv. C. Fernandes for plaintiff present and seeks time for Notice of Motion hearing. Time granted.
    None for defendant present.
    Matter adjourned for Notice of Motion hearing.
    Matter stands adjourned on 06/12/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2024
    
    Date: 01-10-2024
    Business: Adv. C. Fernandes for plaintiff present and seeks time for Notice of Motion hearing. Time granted.
    None for defendant present.
    Matter adjourned for Notice of Motion hearing.
    Matter stands adjourned on 06/12/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2024
    
    Date: 06-12-2024
    Business: Adv. C. Fernandes for plaintiff present and filed written notes arguments. Seen. Taken on record.
    None for defendant present.
    Matter adjourned for arguments.
    Matter stands adjourned on 04/02/2025 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-02-2025
    
    Date: 06-12-2024
    Business: Adv. C. Fernandes for plaintiff present and filed written notes arguments. Seen. Taken on record.
    None for defendant present.
    Matter adjourned for arguments.
    Matter stands adjourned on 04/02/2025 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-02-2025
    
    Date: 04-02-2025
    Business: Adv. C. Fernandes along with plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. C. Fernandes along with plaintiff present and prayed for grant of adjournment. Adjournment granted.
    Adv. Lokesh Zade for defendant present.
    Matter stands adjourned on 26/03/2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 26-03-2025
    
    Date: 26-03-2025
    Business: Adv. C. Fernandes for plaintiff present.
    Adv. Lokesh Zade for defendant present and filed application for withdrawal of vakalatnama from this case. Leave is granted as prayed. Taken on record and marked as Exhibit-5.
    Matter stands adjourned on 02/05/2025 for order.
    Next Purpose: ORDER
    Next Hearing Date: 02-05-2025
    
    Date: 02-05-2025
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    F.R.S.R. following order is passed in Notice of Motion No.377/2020.
    ORDER
    1.Notice of Motion No.377/2020 in Suit No.167/2020 is dismissed.
    2.Parties to bear their own costs.
    3.Parties to take note.
    4.Parties are directed to expedite the hearing of  suit.
    5.Proceeding of Notice of Motion No.377/2020 in Suit No.167/2020 is closed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 02-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100983/2020
    Filing Date: 23-01-2020
    First Hearing Date: 23rd January 2020
    Decision Date: 02nd May 2025
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 May 2025

    Order Details: Notice of Motion Pdf Text: N/M. No.377/20 (SC No.167/20) MHCC010012442020 Presented on : 23/01/2020 Registered on : 23/01/2020 Decided on : 02/05/2025 Duration : 5 Y 3 M 11 D IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION NO.377 OF 2020 IN SHORT CAUSE SUIT NO. 167 OF 2020 Mrs. Bertha Tulemino Antao ... Plaintiff - Versus - Mrs. Maria Afra Antao … Defendant CORAM : HIS HONOUR JUDGE SHRI. PRASHANT C. KALE CITY…

    Read Full Order

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