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NOTICE OF MOTION

Christable S. Fernandes widow of S. A. Fernandes Suit St. No.1864 of 2019VsMCGM And Anr

CNR MHCC01001682201911-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 15th June 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100646/2019
Registration Date
14 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: 14-02-2019
    Business: Advocate Mr. Yusuf Khan for Plaintiff present and submitted that, in roznama dated 13/02/2019 name of Plaintiff\''s advocate is wrongly typed as well as in third line of said roznama it is wrongly typed as \''first and second floor from building in which suit premises is situated are demolished\''.  On perusal of Roznama dated 13/02/2019, it is noticed that name of Plaintiff\''s advocate was necessary to be typed as Yusuf Khan and in 3rd line of roznama it is necessary to type that \''only third floor of the building in which suit premises is situated is demolished.
    Learned advocate for Plaintiff filed registered Notice of Motion no.646/19 with affidavit in support, t.o.r.
    Advocate Ms. Hajare for BMC/Deft present and filed list of documents Exh.2, t.o.r.
    Learned advocate for Plaintiff submitted that, he will peruse documents filed by Defendant on record and will argue for continuation of earlier order.  For giving fair opportunity case is adjourned to 16/02/2019 at 11.00 a.m.
    Earlier order to continue till next date.
    Parties to act on authenticated copy duly signed by Sheristedar.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-02-2019
    
    Date: 16-02-2019
    Business: Advocate Mr. Yusuf Khan for Plaintiff present and filed rejoinder to NM, t.o.r.
    Advocate Mr. Vishant Rathod for applicant present and filed Vakalatnama Exh.3 t.o.r. He also filed draft chamber summons along with affidavit in support. Leave granted.   Copy served to advocate for Plaintiff.
    Advocate Ms. Hajare for BMC/Deft present and filed reply t.o.r.  She also filed list of documents Exh.4, t.o.r.
    Earlier order to continue till next date.
    Case is adjourned to 20/02/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2019
    
    Date: 20-02-2019
    Business: Adv. Yusuf Khan for plaintiff present.
    Adv. Hajare for BMC present.
    Adv. Vishant Rathod for applicant present and submitted that on next date he will tender registered summons. Considering the submissions
    Adjd for NM hearing to 21/02/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Advocate Mr. Yusuf Khan for Plaintiff present.
    Advocate Ms. Hajare for BMC/Deft present.
    Advocate Mr. Rathod for applicant present and filed original Chamber Summons no.371/19 with affidavit in support, t.o.r.
    Court is busy in hearing argument in suit no.1753/16 , hence case is adjourned to 22/02/2019 for NM hearing.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: Advocate Mr. Pal h/f Adv. Yusuf Khan for Plaintiff present and submitted that, advocate Mr. Yusuf Khan is held up in  Hon\''ble High Court, hence matter may be adjourned.  Adjourned.
    Advocate Ms. Hajare for BMC/Deft present.
    Earlier order to continue till next date.
    Case is adjourned to 26/02/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Advocate Mr. Yusuf Khan for Plaintiff present and filed draft chamber summons along with affidavit in support for amendment in the plaint.  Leave granted.  Copy served upon BMC advocate.  Plaintiff\''s advocate submitted that, on next date he will file reply to Chamber Summons no.371/19.
    Advocate Mr. Vishant Rathod for applicant present.
    Advocate Ms. Hajare for BMC/Deft present.
    Case is adjourned to 02/03/2019 for Plaintiff\''s reply Chamber Summons no.371/19 filed by applicant.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2019
    
    Date: 02-03-2019
    Business: Adv Mr. Pal h/f Adv. Yusuf Khan for Plaintiff present and submitted that Yusuf Khan is coming to the court. Matter may be kept back.
    Advocate Ms. Hajare for BMC/Deft present and filed reply to Chamber Summons, t.o.r.
    Adv. Mr. Yuvraj Patil for applicant present
    L.O.
    Advocate Mr. Mohd. Quais for Plaintiff filed registered Chamber Summons no.474/19 with affidavit in support, t.o.r.  He also filed reply to Chamber Summons no.371/19 t.o.r.
    Case is adjourned to 05/03/2019 for hearing of Chamber Summons no.371/19.
    Plaintiff is directed to provide applicant, the copies of documents referred in reply to Chamber Summons no.371/19.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Advocate Mr. Yusuf Khan for Plaintiff present.
    Advocate Mr. Yuvraj Patil for applicant Absent.
    Advocate Ms. Hajare for BMC/Deft present.
    Earlier order to continue till next date.
    Case is adjourned to 07/03/2019 for NM/Ch/s hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2019
    
    Date: 07-03-2019
    Business: Advocate Mohd Kais h/f adv. Yusuf Khan for Plaintiff present and submitted that, advocate Mr. Yusuf Khan is held up in Hon\''ble High Court.
    Advocate Mr. Rathod for applicant present and argued Chamber Summons no.371/2019.
    Advocate Ms. Hajare for BMC/Deft present.
    Advocate Mr. Mohd. Kais is directed to see that advocate Mr. Yusuf Khan will appear before this Court at what time.
    K.B.
    L.O. at 5.10 p.m.
    Advocate Mr. Yusuf Khan for Plaintiff present however Court is busy in hearing argument for ad-interim relief in suit stamp no.2632/19, hence case is adjourned to 16/03/2019. It is made clear that if on said date, Plaintiffs advocate will not argue Chamber Summons and NM court will be compelled to pass Chamber Summons and NM order in his absence.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Advocate Mr. Yusuf Khan for Plaintiff present.
    Advocate Mr. Rathod for applicant present.
    Advocate Ms. Hajare for BMC/Deft present.
    Heard Plaintiffs of advocate for Plaintiff in respect of Chamber Summons.
    Earlier order to continue till next date.
    Case is adjourned to 19/03/2019 for order on Chamber Summons no.371/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Advocate Mr. Yusuf Khan for Plaintiff present.
    Applicant present.
    Advocate Ms. Hajare for Defendant present.
    F.R.S.R. following order has passed -
                                   ORDER
    Ch/s no.371/2019 stands disposed off/dismissed.
    Earlier order to continue till next date.
    Case is adjourned to 28/03/2019 for hearing of Chamber Summons no.474/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Court is busy in dictating Judgment in suit no.2117/07, hence case is adjourned to 09/04/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Adv. Mohd. Kaiz for plaintiff present.
    Adv. Ms. Hajare for MCGM/Deft present.
    Adjd. To 18.04.2019 for hearing on Chamber Summons.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Advocate Mr. Yusuf Khan for plaintiff present.
    Advocate Ms. Hajare for defendant/MCGM present.
    Heard advocate for both the parties on Chamber Summons.
    Earlier order to continue till next date.
    The case is adjourned to  22.04.2019   for Chamber Summons order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Advocate Yusuf Khan  for plaintiff present.
    Advocate Ms.Chavan  for defendant /MCGM present.
    FRSR following order is passed
                              ORDER
    1. Chamber Summons no. 474/19  is made absolute in terms of prayer clause (a).
    2. Plaintiffs to carry out the amendment in the plaint on or before 25.04.2019 as per schedule-A and shall serve the copy of amended plaint on the defendant Corporation.
    3. Defendant corporation is at liberty to file additional reply and written statement.
    Earlier order to continue till next date.
    The Case is adjd. To 25.04.2019  for  compliance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: Advocate Atique Ur Rehman h/f Adv. Yusuf Khan   for plaintiff present filed application Exh. 5.
    Advocate Ms.Hajare for defendant/MCGM present and filed reply on application Exh. 5.
    Heard. Considering the grounds mentioned in the application and the objections raised, it is in the fitness of the circumstances to grant some time to the plaintiffs by way of last opportunity to comply with the orders of the Court. Hence, time is granted for compliance till 30.04.2019.
    Earlier order to continue till next date.
    The Case is adjd. To 30.04.2019  for  compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Advocate Mr. Yusuf Khan for plaintiff present.
    Advocate Ms.Hajare for defendant/MCGM present.
    Partly heard advocates for both the parties.
    Earlier order to continue till next date.
    The Case is adjd. To 02.05.2019  for further NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: The Case is adjd. To 04.05.2019 for  order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: The Case is adjd. To 03.06.2019 for submissions and order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-06-2019
    
    Date: 03-06-2019
    Business: Advocate Mohd. Kaiz h/f adv. Yusuf Khan  for plaintiff present.
    Advocate Ms.Chavan h/f adv. Hajare for defendant/MCGM present.
    Adv. Kaiz for Plaintiff had appeared before this Court on last date i.e. 04.05.2019.  He had sought time to go through the documents submitted by the Defendant on the said date and to advance certain submissions.  Today he again sought two weeks time.  Considering the fact, that the NM was fully argued  and there was ample time with the adv. for Plaintiff to go through the documents and to advance submissions today. In such circumstances no
    further time can be granted.
    Earlier order to continue till next date.
    The case is adjourned to  07.06.2019 for  NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: None for Plaintiff.
    Advocate Ms.Chavan for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 14.06.2019 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Advocate Mohd. Kaiz for plaintiff present.
    Advocate Ms.Mhatre for defendant /MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 15.06.2019 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-06-2019
    
    Date: 15-06-2019
    Business: None for Plaintiff.
    Advocate Ms. Mhatre for defendant /MCGM present.
    F.R.S.R. following order is passed in Notice of Motion No.646/19
                                    ORDER
    Notice of Motion is dismissed with costs.
    Nature Of Disposal: DISMISSED
    Disposal Date: 15-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 101901/2019
    Filing Date: 14-02-2019
    First Hearing Date: 14th February 2019
    Decision Date: 15th June 2019
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Jun 2019

    Order Details: Notice of Motion Pdf Text: :1: NM 64619 IN ST 186419 CNR NO.MHCC01-001682-2019 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.646 OF 2019 IN STAMP NO.1864 OF 2019 1. Christabel S. Fernandes widow ] of Fernandes & Ors. ]....Plaintiffs. Versus The Municipal Corporation of ] Gr. Mumbai. ]... Defendant. CORAM : HIS HONOUR JUDGE SHRI A.N. MARE (C.R. No.11) DATE : 15th June, 2019. Mr. Mohd. Kaiz h/f. Mr. Yusuf Khan, Advocate…

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