Romeo Isidore RodriguesVsStella Rodrigues +1 more

Date: 11-04-2018
Business: Adv. Kadam for plaintiff present and tendered original notice of motion no.1444/2016 alongwith affidavit.
Adv. Fernandis for D-1 present and filed written statement.
He wavies writ of summons on behalf of D-2 and undertakes to file VP on behalf of D-2 on next date.
Matter adj. for Hearing in NM No.1444/2016 to 13.07.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2018

Date: 13-07-2018
Business: Adv. Hasnale for plaintiff present and filed rejoinder in NM No.1444/2018.
He undertakes to serve the copy of rejoinder to the other side by next date.
None for defendant.
Matter adj. for NM Hearing to 15.10.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2018

Date: 15-10-2018
Business: Adv. Kadam for plaintiff present.
None for defendant.
Ld. Counsel for plaintiff seeks further time to serve the copy of rejoinder in NM. Time granted.
Matter adj. for Compliance and NM Hearing to 06.02.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: Adv. Kadam for plaintiff present.
Adv. Fernandes for defendant present.  He seeks time for hearing the N/M no. 1444/18.
Adjd. to 15.4.2019 for hearing in N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: Matter received from CR no.3
Advocate Mr. A. R. Kadam for Plaintiff present.
None present for Defendants.
For giving fair opportunity to Defendants adjourned to 15/06/2019 for hearing of NM no.1444/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: Advocate Mr. Kadam for Plaintiff present and fairly submitted that Defendant\''s advocate is absence hence matter may be adjourned.  Considering submissions adjourned.
None present for Defendant.
It is made clear that if on next date, no one from Defendant will appear, court will be compelled to hear arguments of Plaintiff and dispose off NM.
Case is adjourned to 07/08/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Court is busy in recording evidence in suit no.305/88 and suit no.569/05, hence case is adjourned to 29/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: Advocate Hasnale for Plaintiff present and submitted that on next date arguments in respect of NM will be made. Considering submissions adjourned.
Advocate Jones for Defendants present.
Case is adjourned to 06/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Advocate A. R. Kadam for Plaintiff present.
Advocate Jonson Jony for Defendant present.
Heard.
F.R.S.R. following order has passed-
                                     ORDER
Notice of Motion no.1444 of 2018 is made absolute in terms of prayer clause (a).
Defendants advocate submitted that Defendant no.1 has filed Written Statement and Defendant no.2 will file pursis contending that Defendant no.2 is adopting Written Statement of Defendant no.1.
            Plaintiffs advocate fairly submitted that Plaintiff has not objection if Defendant no.2 will adopt Written Statement of Defendant no.1, hence suit is adjourned for filing pursis on behalf of Defendant no.2 for adopting Written Statement of Defendant no.1 to 27/01/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: P.O. is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: National Lock down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: National Lock down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: Due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, Plaintiffs are absent, hence case is adjourned to 15/02/2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv Mr. Pardip Kadam for plff present.
None present for defts.
Ronama dt. 06.11.2019 shows that advocate for the defts had made a statement that deft No.2 will file a pursis for adopting the written statement of deft No.1 as written statement of deft No.2. Till date, any such pursis is not filed. Deft No.2 failed to file written statement despite granting several opportunities hence, suit to proceed without written statement of deft No.2.
Matter is adjd for draft issues to 21.04.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. Hasnale for plaintiff present and filed draft issues at Exh.3.
None present for defendant.
Adjourned for filing draft issues by defendant/for framing of issues to 15.12.2021.
Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv Mr. Hasnale present for plff.
Adv Mr. Fernandes i/b Johnson John present for deft.and filed pursis that deft No.2 is adopting the WS of deft No.1. Order to proceed without WS is already passed hence, not accepted.
Court is busy in other matters hence, matter is adjd. for draft issues to 17.02.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Mr. Hasnale present for plff.
None present for deft.
K.B. for framing issues
L.O. at 11.20 a.m.
None present for plff.
Adv Mr. Johnson Jhon for defts present and filed draft NM for condonation of delay caused in filing WS of deft No.2. O- Leave to register is granted with direction to serve the plff. Since deft No.2 has taken out NM as above, framing of issues is postponed.
Matter is adjd. for NM reply to 29.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv. Hasnale for plaintiff present and submitted that copy of NM taken out by the defendant No.2 is not served on the plaintiff till date.
Adv. Jonson Jon for defendant No.2 present and seeks time to tender registered NM No.1264 of 2022. He supplied copies of said NM and affidavit to the advocate for the plaintiff.
Matter is adjd. for tendering registered NM and NM reply to 08/07/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv.Hasnale for plaintiff present.
Adv.Shahdev Kae for defendant.
Adv. for defts No.2 tendered registered NM No.134/22.s
Plaintiff filed handwritten reply on NM itself.  Heard the advocate of deft.No.2 and Adv.for plaintiff.
ORDER ON NM NO.1264/12
This notice of motion is taken out by defendant No.1 to set aside order dated 15.02.2022 and to condone the delay and to allow him to file pursis adopting the written statement of defend No.1. On 15.02.2021, suit was ordered to proceed without written statement of defendant No.2. Considering the reason stated in the affidavit in support of motion and the reply of plaintiff, I pass the following order.
ORDER
1. Notice of Motion No.1264/2022 is allowed.
2. Order dated 15.02.2021 directing to proceed the suit without written of defendant No.2 is set aside.
2. Delay in filing written statement is condoned.
3. The defendant No.2 is allowed to file pursis for adopting the written statement of defendant No.1 accordingly.
4. Notice of Motion No.1448/2022 is disposed of accordingly.
The deft.No.2 file pursis adopting the written statement filed by deft.No.1. TOR and marked as Exh.4.
Matter adjd to 23.08.2022  for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: None present for both sides. Parties to file draft issues.
Matter adjd to 03.11.2022 for issues.
Judge
LO at 12.30 pm
Adv.Hasnale for plaintiff present.
Adv.Shahader Kale for defendants present.
Matter adjd to 03.11.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv.Hemant Hasnale for plaintiff present.
None present for deft.
KB for issues.
LO at 11.55 am
Issues are framed at Exh.5.
Matter adj. to 18.01.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: None present for plaintiff.
Adv.S.R. Kale for defendant present.
Case is for evidence. The plaintiff remained absent. No evidence is adduced. Read the issues. Considering the element of settlement, suit is referred to lok-adalat. Issue notice to plaintiff.
Matter adjd to 11.02.2023 for lok-adalat.
Judge
LO at 12.10 pm
Plaintiff present.
Adv.Pradip Kadam for plaintiff present and filed affidavit of evidence of PW-1 t.o.r. and marked as Exh.6. It is read and recorded.
He also filed list of documents t.o.r. and marked as Exh.7.
Plaintiff to serve the copy of evidence and documents to the advocate of defendant.
Matter adjd to 11.02.2023 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: Plaintiff present.
Defendant absent.
Adv. Hemant Hasnale for plaintiff present.
Advocate for defendant absent. Hence, matter is adjourned.
Matter is adjd to 27.02.2023.
Next Purpose: HEARING
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Adv.Hasnale for plaintiff present.
Adv.Sahadev Kale for defendant No.1 and 2 present.
On oral request of advocate for defendant matter adj. to  29.03.2023  for say on documents.
Next Purpose: REPLY
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Hasnale for the plaintiff present and submits that he received copy of say on document.
None present defendant.
Matter adj. to 03.07.2023 for say on documents.
Judge
Later on 1.25 pm
Adv. Sahadev Kale for defedant no. 1 and 2 present. he filed say on documents TOR marked as Exh. 08.
Judge
Next Purpose: ORDER
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Adv. Pradeep Kadam for plaintiff present.
Adv. Johnson John for defendants no. 1 and 2 present.
PW - 1 present.
Heard the Ld. Counsel for plaintiff and defendants on the point of exhibiting the plaintiffs documents enlisted in Exh. 7. The document at serial no. 1 copy of the death certificate being admitted by the opposite party the same is admitted in evidence and it is marked as Exh.9. The document at serial no. 2 and 3 being the photocopies of share certificate and the same having not been admitted by the opposite party, those documents   cannot be said to be admissible in evidence and hence, excluded.  The document at serial no. 4, 41 and 42 being the letters correspondence between the plaintiff and the Everarer Co-Op Hsg. Soceity Ltd. And the plaintiff in examination in Cheif having referred to those documents, the same can be said to have been proved by him and hence, admissible in evidence. Hence, the said letter at serial no. 4,41 and 42 are admitted in evidence and marked as Exh. 10,11 and 12 respectively. The documents at serial no. 5 to 40 and 43 to 46 being the computer printouts  along with certificate U/s 65 (b) of the Evidence Act but the said certificates being not under the signature of the PW - 1 but his Son Mr. Christopher Rodrigues, the said documents cannot be said to have been duly proved at this stage in absence of the evidence of said Christopher Rodrigues. Hence, the said document at serial no. 5 to 40 and 43 to 46 are not admitted in evidence. Since the Ld. Counsel for the defendants seeks time to file cross examine the PW - 1, who is present the time stands granted.
Matter is adjd.to 10-08-2023 for cross-examination of PW - 1
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Adv. Pradip Kadam a/w plaintiff present.
Adv. Johnson John for defendant present.
With consent of both sides matter is adjourned to 06-09-2023
Matter is adjd.to 06-09-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Adv. Hasnale for plaintiff present.
Adv. S. R. Kale h/f Adv. John son John for defendant present and he would seek time for cross examine the PW - 1. Hence, adjourned as a last chance.
Matter is adjd.to 26-10-2023 for cross examine the PW - 1 as a last chance
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: Adv. Hemant Hasnale for plaintiff present.
Adv. Romeo for defendant no. 1 present.
Matter is adjd.to 13-12-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. Pradip Kadam for plaintiff present.
Adv. Johnson John for defendant present.
Matter is adjourned to  30-01-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Adv. Hasnale for plaintiff present.
Adv. S. R. Kale for defendant present.
By consent , matter is adjourned to 16-03-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: Adv. Hasnale for plaintiff present.
Adv. Johnson John for defendant present.
Cross-Examination of  by PW-1 Mr.Romeo Isidore RodriguesAdvocate Johnson John for defendants no. 1 and 2 commenced.
On request of Ld. Counsel for defendants no. 1 and 2, cross examination deferred till next date.
Matter is adjourned to 25-04-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: Adv. Hasnale a/w  plaintiff present.
Adv. Johnson John for defendant present.
 Court is busy in suit no. 1304/13 Due to paucity of time, matter is adjourned to 13-06-2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Adv. P. R. Kadam for plaintiff present.
Adv. S. R. Kale  for defendant  present.
On behalf of both the sides it is submitted that compromise talk is going on between the parties so taken into consideration this fact.
Matter is adjourned to 14-08-2024 for further cross examination
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: Adv.Hasnale for plaintiff present.
Adv.S.R.Kale for defendant present.
On behalf of both the sides it is submitted that compromise talk is going on between the parties so taken into consideration this fact.
Matter is adjourned to 27-09-2024 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 28-09-2024 for amicable settlement.
Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 28-09-2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Matter pertains to C.R. No. 62
Plaintiff absent.
Advocate Hasnale for plaintiff present.
None present for defendant.
Matter adjd to 22.11.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: Adv. Pradip Kadam for plaintiff present.
Adv. S. R.Kale for defendant present.
Both the counsels have submitted that matter is going to be settled between parties. Hence, it is referred to Lok-adalat Dtd.14.12.2024.
Matter is adjourned to 14.12.2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: NATIONAL LOK-ADALAT HELD ON 14/12/2024 (PANEL-07)
CORAM : H.H. JUDGE SHRI. S. H. GWALANI
Plaintiff Romeo Isidore Rodrigues is present.
Defendants through constituted Attorney Jeremias Satarinus D’Souza is present and filed consent terms at Exh.13 and power of attorney at Exh.13/A on behalf of defendants.
Exh.14-Award.
Advocate Pradeep Kadam for plaintiff is present.
Advocate Jonson Jony for defendants is present.
The consent of terms read over by their respective counsel as well as this court to both parties. They admitted true and correct and recorded. accordingly matter is settled in view of Exh.13 and Exh.14.
Decree be drawn accordingly.
         HHJ. Shri. S. H. Gwalani                           Adv. Shilpa R. Sharma
              HEAD OF PANEL                                       PANEL MEMBER
Nature Of Disposal: LOKADALAT
Disposal Date: 14-12-2024

NOTICE OF MOTION/101264/2022
NOTICE OF MOTION/101444/2018

Registration Number: 100828/2018
Transfer Date: 15-04-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100828/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 104103/2018
Filing Date: 17-03-2018
First Hearing Date: 11th April 2018
Decision Date: 14th December 2024
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE