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NOTICE OF MOTION

Shri. Paul Fernandes and Anr.VsSmt. Merlyn Al Dowling

CNR MHCC0100285620202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 09th January 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101016/2020
Registration Date
06 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 13-03-2020
Business: Adv Dsouza for plff present.
Adv Amita Mishra for deft present.
He filed VP for deft. t.o.r.
He seeks time to file reply on NM 3508/2016.  Granted.
Matter stands Adj for NM reply to 09/04/2020.
Next Purpose: REPLY
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 01-06-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: REPLY
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-11-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Adv Uma Chaterjee for deft present.
Matter stands Adj for NM Reply to 24/02/2021.
Next Purpose: REPLY
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Plff no. 1 present.
Adv Dsouza for plffs present.
Husband of deft present.
He seeks time to engage new Adv on behalf of deft.
Matter stands Adj for NM Reply to 31/03/2021.
Next Purpose: REPLY
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: Adv Michel Fernandes for plff present.
Adv Kumavat appeared for deft.
Exh 02 - He filed VP for deft. t.o.r.
He also filed reply to NM. t.o.r. Copy served on other side.
Matter stands Adj for NM Hearing to 04/05/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: Matter received from C. R. No. 14.
Adv Clive D\''souza for plff present.
None for deft.
Matter stands Adj for NM Hearing to 01/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Adv Clive D\''zouza for plff present.
He filed rejoinder in support of NM. t.o.r. Copy given to other side.
Adv Vaibhav Dalvi for deft present.
He seeks time for NM Hearing.  Granted.
Matter stands Adj for NM Hearing to 25/11/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. D\''suza for plaintiff present.
Plaintiff present.
Defendant present.
Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged.
Adjd. to 28/01/2022 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022

Date: 25-11-2021
Business: Adv. D\''suza for plaintiff present.
Plaintiff present.
Defendant present.
Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged.
Adjd. to 28/01/2022 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Due to Covid-19 matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv. Prashant Chaturvedi for defendant present.
He seeks time for hearing notice of motion. Granted.
Adv. Clive Dsouza  for plaintiff present.
Matter stands Adj for NM hearing on 20.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Adv Dsouza for plff present.
None for deft.
P. O. is busy in dictating order in NM 2149/2018 in SU 2768/2017.
Matter stands Adj for NM Hearing to 27/06/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. D\''souza for plaintiff present.
None for defendant.
Matter is adjd for n/m hearing to 12/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Clive Dsouza for plaintiff present.
Defendant present and his advocate absent.
She seek time. Time granted as last chance subject to undertaking to work out matter on next date.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 08/09/2022 on request of defendant.
Next Purpose: HEARING
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv. C. D\''souza  for plaintiff present.
Adv. Sarika Dubey for defendant present.
She filed WS. Exh 3  TOR
She seek time for hearing on n/m. Time granted with undertaking to work out n/m on next date, on failure n/m will proceed further. Plaintiff is not having objection .
Defendant present.
Parties are directed to give CTS number of suit property.
With consent matter is adjd for hearing to 09/11/2022.
Next Purpose: HEARING
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Adv.  D\''souza for plaintiff present.
Adv. Sarika Dubey for defendant present.
She seek time for hearing. Time granted as last chance.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 04/01/2023.
Next Purpose: HEARING
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Adv. D\''souza for plaintiff present.
Adv. Sarika Dubey for defendant present.
She seek time for hearing. Time granted as last chance, subject to undertaking to work out matter on next date, on failure n/m will proceed further.
Matter adjourned for hearing to 09/01/2023.
Next Purpose: HEARING
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Adv. Clive D\''souza for plaintiff present.
Adv.  A. R. Pandey for defendant present. KB.
Heard both advocate on n/m no. 1016 of 2020.
FRSR following order passed :-
Order -
Notice of Motion No. 1016 of 2020 is hereby partly allowed in the following terms with no order as to costs.
a) The defendant is hereby restrained from creating third party interest in the suit house by way of sale, leased, gift, etc.. till the final decision of suit.
Nature Of Disposal: OTHER
Disposal Date: 09-01-2023

Additional Case Details

Additional Case Details
Filing Number: 103171/2020
Filing Date: 06-03-2020
First Hearing Date: 13th March 2020
Decision Date: 09th January 2023
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
09 Jan 2023

Order Details: Notice of Motion Pdf Text: ORDER ..1.. MHCC010028562020 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1016 OF 2020 IN S.C. SUIT NO. 884 OF 2020 Shri Paul Fernandes and another. ...Plaintiffs. Versus Smt. Merlyn Al Dowling. … Defendant. Appearance: Adv. Clive D’souza for plaintiff. Adv. A. R. Pandey for defendant. CORAM : HIS HONOUR JUDGE R.R.Patare COURT NO.2 DATED : 9th January, 2023 ORAL ORDER From the averments of parties following points arise for…

Read Full Order

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