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NOTICE OF MOTION

Emilia Furtado +1 moreVsJoseph Mathew Borges alias Creator

CNR MHCC01003846201863-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 25th October 2023

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101202/2018
Registration Date
21 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-04-2018
    Business: Adjd. to 23.8.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-08-2018
    
    Date: 23-08-2018
    Business: Matter adj. for Affidavit of Service and NM Reply to 02.11.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-11-2018
    
    Date: 02-11-2018
    Business: Matter adj. for Affidavit of Service to 22.03.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-03-2019
    
    Date: 22-03-2019
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Advocate Ms. Komal Gupta for Plaintiff present
    Court is busy in hearing and dictating order on NM in suit nos.4619/07 and 7170/06 as well as court has to hearing NM in suit no.9777/87, hence case is adjourned to 05/09/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: Matter called out(5.38 pm)
    None present due to heavy rain, Hence Matter adj for hearing on NM 1202/18 on 24.10.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: PO IS ON LEAVE(SECOND HALF)
    Matter is adj to 05/12/19 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Business: Court is busy in recording of evidence of Suit No. 7827/98
    None present.
    Matter is adj to 28/01/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Matter is called out at 3.46 p.m.
    None present.
    Matter is adj to 28.04.2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: Due to Covid-19 None present Adj to 21.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present.
    Matter is adj for NM hearing on 29.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Plaintiff and defendant absent.
    Their advocate absent.
    Matter adjd for N.M. hearing on 20/3/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: None present.
    Matter adjd to 26.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for NM hearing on 12.11.2021.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Advocate Komal Gupta for plaintiff is present.
    None present for defendant.
    Adjourned for NM hearing to 06.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: Adjourned for NM hearing to 07/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Both parties and their counsel are absent when called repeatedly. Matter is pending for filing reply of defendant on NM NO. 1202/18. Hence, defendant is hereby directed to file his reply to NM NO. 1202/18 on or before next date without fail.
    Adjd. for NM reply to 26/06/2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: None present for Plaintiff
    None present for defendant.
    Records shows that plaintiff had not filed service affidavit about service of writ of summons on defendant since last 4 years. plaintiff has also taken steps for service of NM on defendant. NM is more than 4 years old. if plaintiff fails to take steps on next date NM will be dismiss.
    Matter is adjd. for NM Reply  to 31.07.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-07-2023
    
    Date: 31-07-2023
    Business: None present for plaintiff.
    None present for defendant.
    Court is busy in passing order in NM No. 3370/21 and Nm  2272/23 in suit no. 2361/21 hence adjourned.
    Matter is adjd. for NM hearing to 11/09/2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: None present for plaintiff.
    None present for defendant.
    NM is pending since last four years. Record shows that plaintiff has not filed affidavit of service of writ of summons on defendant since last four years. NM is also not served on defendant. Hence, keep for order on next date.
    Matter is adjd. for order to 25.10.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    None present for plaintiff.
    None present for defendant.
    Notice of Motion is pending since last 04 years. Plaintiff has not filed affidavit of service of writ of summons and also not served Notice of Motion on defendant. It seems that plaintiffs not interested to prosecute Notice of Motion. Hence, Notice of Motion no.1202/2018 is dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 25-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104290/2018
    Filing Date: 21-03-2018
    First Hearing Date: 27th April 2018
    Decision Date: 25th October 2023
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    25 Oct 2023
    Order Details: Other
    Pdf Text: Daily Status
    Daily Status
    IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101202/2018
    1. Emilia Furtado 2. Cyprian Noronha Vs Joseph Mathew Borges alias Creator
    Date : 25-10-2023
    Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) None
    present for plaintiff. None present for defendant. Notice of
    Motion is pending since last 04 years. Plaintiff has not filed
    affidavit of service of writ of summons and also not served
    Notice of Motion on defendant. It seems that plaintiffs not
    interested to prosecute Notice of Motion. Hence, Notice of
    Motion no.1202/2018 is dismissed in default.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 25-10-2023
    -- 1 of 1 --
    Order 1
    25 Oct 2023
    Order Details: Other
    Pdf Text: Daily Status
    Daily Status
    IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101202/2018
    1. Emilia Furtado 2. Cyprian Noronha Vs Joseph Mathew Borges alias Creator
    Date : 25-10-2023
    Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) None
    present for plaintiff. None present for defendant. Notice of
    Motion is pending since last 04 years. Plaintiff has not filed
    affidavit of service of writ of summons and also not served
    Notice of Motion on defendant. It seems that plaintiffs not
    interested to prosecute Notice of Motion. Hence, Notice of
    Motion no.1202/2018 is dismissed in default.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 25-10-2023
    -- 1 of 1 --

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