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NOTICE OF MOTION

Willams Marshall Dmello - Suit No. 4705 of 1998VsChandrakant Shankar Joil And Ors

CNR MHCC01003064201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 17th October 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101193/2019
Registration Date
16 Mar 2019

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: 22-03-2019
Business: P.O. is on Leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: Adv. Pareira for Plaintiff Present and file reply to N.M 1193/19 and NM. 1200/19 are t.o.r.
Copy of reply served to other side.
Adv. Rahul Roy alongwith Adv. Zaveri for defendant no. 2-a Present and filed registered N.M. 1193/19 is t.o.r.
Adv. Pratibha Gavhane for BMC / Defendant Present.
Adv. Vimlesh Singh for applicant in N.M 1200/19 Present and filed registered N/M 1200/19 and additional affidavit alongwith documents in Support of N.M are t.o.r.
Plaintiff adv. want to file say to additional affidavit on documents filed N.M. 1200/19. Time Granted.
Copy of additional affidavit @ documents served on Plaintiff adv. and adv. for BMC
Adjd to 28/03/2019 for filing say
Next Purpose: FILING SAY
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: P.O. is on Leave
Next Purpose: FILING SAY
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Adv. Mr. Pareira for Plaintiff Present and filed Say on N.M. 1200/19 is t.o.r.Adv. Mr. Vimlesh Singh for applicant in N.M. 1200/19 Present
Adv. Ms. Manisha Salekar h/f Adv. Pratibha Gavhane for BMC / Defendant no. 3 Present.
Adv. Mr. Rahul Rao  Manisha Karkar for defendant nos. 2 a Present and submitted that, he preferred first appeal (ST) No. 8739/2019 and had taken Civil Application (ST) 8740/2019 for seeking condonation of delay in filing first appeal. However stay is not granted. He further submitted that, as he filed Appeal and Execution in Pending, Execution be stayed.Adv. for Plaintiff submitted that, once appeal is filed and no stay for Appellate Court , Executing Court cannot stay execution itself.  I have find as once appeal is filed then party is to bring stay from Appellate Court. Hence, executing Court cannot stay. Hence, request of adv. for defendant no. (a to stay Execution of Decree is not granted. Heard arguments of Ld. Adv. for Plaintiff and adv. for applicant on interim relief  in N.M 1200/19. Adv. Salekar for BMC / defendant no. 3 undertakes that, she will inform to BMC not to take action till 12/04/2019. Adjd to 12/04/2019 for Interim Order in N.M. 1200/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Plaintiff Present. Adv. Pareira for Plaintiff Present. Adv. Ms. Manisha Karkar for defendant no. 2(a) Present. Adv. Ms. Pratibha Gavhane for BMC / Defendant Present. Adv. Mr. Singh for applicant in N.M 1200/19 Present. Defendant no. 4 Present.  F.R.S.R. following order is passed
Interim ORDER on N.M. 1200/19.  Relief prayer clause (b) in Notice of Motion No.1200 of 2019 is rejected. Advocate for applicant submitted that stay be extended to approach Honble High Court. Advocate for plaintiff submitted that there was no stay it cannot be extended hence, prayer of Advocate for applicant cannot be granted.
Adjd to 29/06/2019 for hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2019

Date: 29-06-2019
Business: Adv. Vimlesh Singh for applicant present.
Adv. Manisha Kalkar for deft no. 2 A present.
As court is busy in dictating judgment in SU 9784/82, adjd. to 20.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Adv for plaintiff Mr. Parera  present.
Adv for Deft 2 a to 2 d  Ms. Manisha  present.
Adv. Ms. Gavane for BMC present.
Writ received from Honble High Court Appeal from order no. 772 of 2019 Appeal from order stamp no. 12716 of 2019 Dtd. 21St June, 2019 t.o.r.
Matter is Adjd for Hearing  N/M 1193/19 on 17.09.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: P.O.is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv for plaintiff Mr.Pereira present.
Adv for deft no. 2A to 2D Ms.Manisha present.
Adv for BMC present.
Adv for deft no. 2A to 2D filed copy of order passed in Civil application no. 2392/19
FRSR Following order is passed
1.Notice of Motion 1193/19 stands rejected.
Adv for BMCC stated that she will take instruction from BMC and take steps.
Adv for plaintiff submitted affidavit of service on deft no.1 of the execution proceeding.
Matter is Adjd for Steps to 28.11.2019.
Nature Of Disposal: OTHER
Disposal Date: 17-10-2019

Additional Case Details

Additional Case Details
Filing Number: 103307/2019
Filing Date: 16-03-2019
First Hearing Date: 22nd March 2019
Decision Date: 17th October 2019
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
17 Oct 2019

Order Details: Notice of Motion Pdf Text: :1: N.M. No.1193/2019 in S.C. Suit No.4705/1998 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 1193 OF 2019 CNR NO.: MHCC010030642019 IN EXECUTION APPLICATION NO. 359 OF 2015 IN SHORT CAUSE SUIT NO. 4705 OF 1998 Williams Marshall D'mello ...Plaintiff Versus Chandrakant Shankar Joil and others ...Defendants Appearances: Advocate Mr. V. E. Pereira for the plaintiff. Advocate Ms. Manisha for defendant Nos. 2(a) to 2(d). CORAM : HER HONOUR…

Read Full Order

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