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NOTICE OF MOTION

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

CNR MHCC01003088201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 25th July 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101200/2019
Registration Date
18 Mar 2019

Advocates

1

For Respondent

    Not available

    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. 2 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. 200/19
    Next Purpose: ORDER
    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 Hon\''ble 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: 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: HEARING
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: By Precipe,
    Adv for Applicant Mr.Shukla present
    Adv for Applicant stated that he is withdrawing the N/M 1200/19 filed by him.
    On the N/M Adv for applicant has state that he wants to withdraw N/M with permission to file separate proceeding as per law.
    O-As the applicant is withdrawing the N/M 1200/19 by not pressing the same therefore, N/M 1200/19 stands withdrawn and disposed off and with liberty to file appropriate proceeding as per law.
    Adv for applicant no. 1 to 4 filed VP. T.O.R.
    Already Adjd for Hearing on N/M 1193/19 to 20.08.2019.
    Nature Of Disposal: OTHER
    Disposal Date: 25-07-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103320/2019
    Filing Date: 18-03-2019
    First Hearing Date: 22nd March 2019
    Decision Date: 25th July 2019
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    25 Jul 2019
    Order Details: Notice of Motion
    Pdf Text: By Precipe, Adv for Applicant Mr.Shukla present Adv for Applicant stated that he is
    withdrawing the N/M 1200/19 filed by him. On the N/M Adv for applicant has state
    that he wants to withdraw N/M with permission to file separate proceeding as per
    law. O-As the applicant is withdrawing the N/M 1200/19 by not pressing the same
    therefore, N/M 1200/19 stands withdrawn and disposed off and with liberty to file
    appropriate proceeding as per law. Adv for applicant no. 1 to 4 filed VP. T.O.R.
    Already Adjd for Hearing on N/M 1193/19 to 20.08.2019.
    -- 1 of 1 --
    Interim Order 1Full order available
    12 Apr 2019

    Order Details: Notice of Motion Pdf Text: 1 NM No.120019 CNR No. MHCC010030882019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1200 OF 2019 IN EXECUTION APPLICATION NO.359 OF 2015 SUIT NO.4705 OF 1998 Victor Sebastian D'souza & Ors. ...Applicants Williams Marshall D'Mello ...Plaintiff V/s. Chandrakant Shankar Joil & Ors. ...Defendants. Appearances: Ld. Adv Vimlesh Singh for applicants. Ld. Adv Pareira for plaintiff. Ld. Adv Manisha Salekar for defendant no.3. Adv. Rahul Rao for defendant nos.2(a). CORAM…

    Read Full Order
    Order 1Full order available
    12 Apr 2019

    Order Details: Notice of Motion Pdf Text: 1 NM No.120019 CNR No. MHCC010030882019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1200 OF 2019 IN EXECUTION APPLICATION NO.359 OF 2015 SUIT NO.4705 OF 1998 Victor Sebastian D'souza & Ors. ...Applicants Williams Marshall D'Mello ...Plaintiff V/s. Chandrakant Shankar Joil & Ors. ...Defendants. Appearances: Ld. Adv Vimlesh Singh for applicants. Ld. Adv Pareira for plaintiff. Ld. Adv Manisha Salekar for defendant no.3. Adv. Rahul Rao for defendant nos.2(a). CORAM…

    Read Full Order

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