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NOTICE OF MOTION

Smt. Josephine FernandesVsShri. Joaquim Fernandes +2 more

CNR MHCC01002115202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100760/2020
Registration Date
18 Feb 2020
Next Hearing Date
29 Sept 2026
Case Stage
NM FOR HEARING

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 21-03-2020
Business: In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 24.06.2020 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Adjd to 18.01.2021 for N/M reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 22.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Court is on leave, hence board is discharges.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: Nobody present.
Due to Covid-19 pandemic, matter is adjourned.
Adjd for NM reply rejoinder to 27/07/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 07/10/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. Diana Sequeira For plaintiff present.
Adv. Reema Maurya  For defendant present.
Affidavit in reply filed by adv. For plaintiff. t.o.r.
Exh- 9 Application for expediting the suit filed by adv. For plaintiff. O- Other side to say.
Adjd for NM hearing to 16/11/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Dt.16/11/2021
Suit 2438/15
NM 760/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Dina for plaintiff present.
None for defendant.
Defendant is directed to argue on next date failing which Notice of Motion will be decided without argument of defendant.
Adjd for argument  to. 06.01.2022.
Adv. For defendant. Present.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv. Diana Sequeira For plaintiff present.
Adv. For defendant present and requested for time.
Adjd for NM arguments to 23/02/2022
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Adv. Diana Sequeira for plaintiff present.
Adv. For defendant present and seeking adjournment. Granted as last chance.
Defendant to argue on next date failing which NM will be heard and decided without argument of defendant
Adjd for NM arguments to 08/04/2022
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Adv. Ms. Sequeira For plaintiff present.
Adv. Reema Maurya For defendant present and stated that connected matter is referred to mediation therefore this matter be referred to mediation.
Adv. For plaintiff when asked whether referred to mediation stated that it is referred to mediation. She further stated that in this matter the mediation is failed.
Adv. For defendant is not ready to proceed with the argument.
Defendant is directed to argue NM on next date failing which NM will be disposed of.
Adjd for NM arguments to 06/07/2022
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Adv.Diana Sequeira for plaintiff present.
Adv. Reema Maurya for defendant present and filed adjournment application t.o.r. marked as Exh.10  -otherside to say.
Adv.Diana Sequeira for plaintiff  has given say on back side of Exh.10
Heard both sides on Exh. 10.
Record shows that the defendant collected draft NM for registration on 23-01-2020, but registered NM is not placed on record. Hence, the defendant is directed to file registered NM No.  760/20 on the next date of hearing and also for argue the matter as a last chance.
Matter is adjd.to 25-08-2022 for registered NM and NM
Hrg as a last chance.
LO at 3.50 pm.
Adv. Reema Maurya for defendant filed registered NM No.
760/20 with supporting affidavit. t.o.r.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Clive D''souza for plaintiff present and filed vakalatnama t.o.r. marked as Exh.11
Adv.  Reema  Maurya for defendants no. 1 to 3 present.
Matter is adjd.to 10-10-2022 for NM Hrg.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Royce Mendonca for plaintiff present.
Adv. Reema Maurya for defendant present.
Matter is adjd.to 25-11-2022 for NM Hrg.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: matter is adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Adv. Royce Menodonca for plaintiff present.
Adv. Reema Maurya for defendant present.
Matter is adjd.to 01-02-2023 for NM Hrg.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: matter is adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: matter is adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: P. O. is on leave, matter adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: PO is on leave
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: Plaintiff present.
Adv Shamal Goankar for defendant present.
Defendant no.1 present.
Matter adjourned for NM hearing to 19-10-2023.
LO at 3.14 pm
Adv Royce Menodonca for defendant present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Adv. R. Menodonca For plaintiff present.
None For defendant present.
Matter adjourned for NM hearing to 24/11/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Adv. Royce Mendonca for plaintiff present and seek time to take steps for bringing lrs of defendant no. 1 on record.
Adv. Heemaja for defendant no. 2 and 3 present.
Matter adjourned for taking steps to 21/12/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Adv.  R. Mandonca for plaintiff present and seek time to bring LRs of defendant no. 1 on record. Time granted subject to limitation to bring lrs of defendant no. 1 on record.
None For defendant present.
Matter adjourned to 06/03/2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Advocate Royce Mendonca for plaintiffs No.1 to 4 present and filed registered Chamber Summons No.166/2024 t.o.r.
He not pressed Chamber Summons No.166/2024. Hence, Chamber Summons No.166/2024 is disposed off as withdrawn. Proceeding of Chamber Summons No.166/2024 is closed.
He filed vakalatnama for proposed plaintiffs No.1 to 4 t.o.r. and marked as Exhibit-13 -seen.
He filed draft Chamber Summons alongwith affidavit in support for bringing Lrs of deseased plaintiff on record t.o.r. Leave is granted to register Chamber Summons.
Advocate Swati Kamble for defendants No.1 to 3 present and received copy of draft Chamber Summons.
Matter stands adjourned on 02.04.2024 for filing registered Chamber Summons/ Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: Advocate Royce Mendonca for Plaintiffs No.1 to 4 present and filed registered Chamber Summons No.569/2024 t.o.r.
Defendant No.2 in person present and prayed for adjournment due to non availability of Advocate. O - Granted.
None for defendants No.1 and 3 present.
Matter stands adjourned on 30.04.2024 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Advocate Royce Mendonca for Plaintiffs No.1 to 4 present.
Advocate Swati Kamble for defendants No.1 and 3 present.
Matter stands adjourned on 22.07.2024 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-07-2024

Date: 22-07-2024

Date: 14-08-2024
Business: As P. O. is on training.
Next Purpose: HEARING
Next Hearing Date: 21-09-2024

Date: 21-09-2024

Date: 19-10-2024
Business: Adv. Mendosa for plaintiff present. Plaintiff seeks time for compliance. O. - Time granted.
Adv. Dsoza for defendant present.
Matter adjourned for compliance.
Matter stands adjourned on 02.12.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: Adv. R. Mendosa for plaintiff No.1 to 4 present and filed amended copy of plaint. Seen. Taken on record.
Adv. Reema Mourya for defendant No.1 to 3 present and prayed for grant of adjournment for arguments. Adjournment granted.
Defendant No.2 present.
Matter adjourned for arguments.
Matter stands adjourned on 06/02/2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: Adv. Royce Mendonca for plaintiff No.1 to 4 present.
None for defendant present.
Defendants are absent for arguing the Notice of Motion. It appears that defendant is not interested in proceeding with Notice of Motion. Hence, Notice of Motion posted for dismissal order.
Matter stands adjourned on 06/03/2025 for dismissal of Notice of Motion.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: NOB/TOB By preceipe
Adv Mr. R. Mendosa for plaintiff Nos. 1 to 4 present filed application for matter taking on todays board, Taken on record and marked as Exhibit- 14.
Plaintiff No. 1 and 2 present.
Defendant No. 2 present.
Parties requested for referring the matter to mediation.
Hence, matter is referred to mediation.
Matter already adjourned to 06.03.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: PO is on half day leave. (Second Half)
Next Purpose: REPORT
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: Adv. for plaintiff no. 1 to 4 present and filed draft notice of motion along with affidavit in support. O- Leave is granted to register the same. Copy served on other side.
Adv. D’silva for defendant present and seeks time to file reply. On oral request time is granted till next date.
Matter adjourned on  27-06-2025  for reply.
Next Purpose: REPLY
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: Adv Mr. R. Mendosa for plaintiff Nos. 1 to 4 present. Court is vacant and hence, matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: Adv. Mendosa for plaintiff No.1 to 4 present.
Adv. Reema Mourya for defendant present.
Adv. for plaintiff submitted registered Notice of Motion No.2738/2025 along with affidavit. Taken on record.
Adv. for defendant seeks time to file reply to Notice of Motion No.2738/2025. Time granted on oral request.
Adv. for defendant also seeks time to advance the arguments on Notice of Motion No.760/2020 without fail. Time granted as a last chance on oral request.
Matter stands adjourned on 07/08/2025 for filing reply to Notice of Motion No.2738/2025 and advancing submissions on Notice of Motion No.760/2020.
Next Purpose: REPLY
Next Hearing Date: 07-08-2025

Date: 07-08-2025
Business: P.O.is on Leave.
Next Purpose: REPLY
Next Hearing Date: 04-09-2025

Date: 04-09-2025
Business: P.O.is on leave
Next Purpose: REPLY
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: Adv. Royce Mendonea for plaintiff present.
Adv. Reema Mourya h/f Adv. Sivoj Sule for defendant present.
The Ld. Adv. present requested time for argue the Nm No. 760/2020 taken by def. Record reveals that the Defendant failed to filed reply to NM 2738/2025, so put up for no reply order
Matter stands adjourned on 21/11/2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2025

Date: 21-11-2025
Business: Adv. R. Mendonca for plaintiff No.1 to 4 present.
Adv. Tripathi for defendant present.
It appears that defendant is not positively and really intending to argue the Notice of Motion No.760/2020 even not telling as to whether they are really going to argue the same or not. So now Notice of Motion No.760/2020 is posted for necessary orders.
Matter stands adjourned on 22/12/2025 for necessary orders.
Next Purpose: ORDER
Next Hearing Date: 22-12-2025

Date: 22-12-2025
Business: Adv. Royce Mendonca for plaintiff present.
None for defendant present.
Matter stands adjourned on 17/01/2026 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: Adv. Royce Mendonca for plaintiff present.
Adv. Dsilva for defendant present.
Keep Back.
Later on.
Adv. Royce Mendonca for plaintiff present.
Adv. Dsilva for defendant present and filed application. O-Other side to say if any. Taken on record and marked as Exhibit-15.
Adv. for plaintiff endorse his say on Exhibit-15 itself. O-The Notice of Motion put up for order as not argued todays application for permission to argue today so allowed.
Heard, arguments advanced on merits of the Notice of Motion No.760/2020.
Matter stands adjourned on 09/02/2026 for Notice of Motion order.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-02-2026

Date: 09-02-2026
Business: P. O. is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-02-2026

Date: 18-02-2026
Business: Adv. Mendosa for plaintiff present and filed application. O-Other side to say. Taken on record and marked as Exhibit-16.
Adv. Reema Mourya for defendant present and endorse say on Exhibit-16 itself. O-Perused application and say permission granted to file written submission.
Adv. for plaintiff filed written notes of arguments in Notice of Motion No.760/2020 and 2738/2025. Taken on record.
Matter is referred to mediation.
Parties are going for mediation hence, order is not passed.
Matter stands adjourned on 23/03/2026 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: None for plaintiff present.
Adv. Akshay Arumandala h/f Dsilva and Co. for defendant No.2 present.
None for other defendant present.
Matter stands adjourned on 18/04/2026 for mediation report as a last chance.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-04-2026

Date: 18-04-2026
Business: Adv. R. Mendonca for plaintiff  no. 1 to 4 present.
Adv. Akshay for defendant No. 2 present.
Matter stands adjourned on 01-07-2026 for awaiting mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 01-07-2026

Date: 01-07-2026
Business: Adv. Mr. Royce Mendonca for plaintiff present.
Adv. Reema Maurya h/f Sivoj Sule for defendant present.
Matter stands adjourned on 31-8-2026 for awaiting mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 31-08-2026

Date: 31-08-2026
Business: Adv. R. Mendonca  for plaintiff no 1 to 4 present.
Adv. Amit h/f Adv. Dsilva for defendants present.
Mediation failed. Mediation report received. TOR. Marked as  Exhibit- 17. O- Seen.
Defendant has not field reply to Notice of Motion no 2738/25. hence, the said Notice of Motion shall proceed without their reply.
Matter stands adjourned on 29-09-2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2026

Additional Case Details

Additional Case Details
Filing Number: 101136/2020
Filing Date: 18-02-2020
First Hearing Date: 21st March 2020
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

Orders

0

No order text is available in this record.

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