NOTICE OF MOTION
Mrs. Rose Santan Rodrigues +1 moreVsMr. Michael Rodrigues +3 more
CNR MHCC01004524201865-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 06th July 2024
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 101437/2018
- Registration Date
- 06 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
6Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 18-04-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-06-2018
Date: 29-06-2018
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-08-2018
Date: 09-08-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-09-2018
Date: 14-09-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-12-2018
Date: 19-12-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Resumed.
Adv. Murudkar for plaintiff, Adv. Krishnan for def. no. 1 and Adv. Muzaffar Patel for defendant no. 2 and 3 are present.
Exh. 10 - Vakalatnama of Adv. C. K. Deshmukh and Adv. Muzaffar Patel for def. no. 2 and 3.
Adv. Murudkar filed affidavits in rejoinder to the replies filed by the def. Nos. 1 to 3.
Adv. Patel tendered draft NM with affidavit seeking leave to file w.s. Leave to register is granted.
Copy served on Adv. for defendants.
Adjd for reply and arguments on NM to 02.07.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: None present for Plaintiff.
None present for Defendant.
It seems that, due to heavy rainfall in Mumbai, parties and their advocates are unable to attend the Court, hence case is adjourned to 07/09/2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-11-2019
Date: 07-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Court is on leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Advocate Mr. Vikas Murudkar for plaintiff present.
Advocate Mr. Kale for deft no.2 to 4 sought extension of time to register NM taken out by deft no.4. O-Time extended to register NM till next date.
Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 15/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Advocate Mr. Murudkar for Plaintiff present and filed reply to Notice of Motion no.4892/19, t.o.r. Copy served upon advocate for Defendant nos.2 to 4.
Advocate for Defendant no.1 present and filed sur-rejoinder to NM. It is made clear that, there is no provision in law for accepting sur-rejoinder, parties will have to satisfy the court for giving consideration to the rejoinder, sur-rejoinder, etc and thereafter only, court will consider rejoinder and sur-rejoinder.
Advocate Mr. Muzzafar Patel for Defendant no.2 to 4 present and filed registered Notice of Motion no.4892/2019 with affidavit in support, t.o.r.
Case is adjourned to 17/02/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 15-01-2020
Business: Advocate Mr. Murudkar for Plaintiff present and filed reply to Notice of Motion no.4892/19, t.o.r. Copy served upon advocate for Defendant nos.2 to 4.
Advocate for Defendant no.1 present and filed sur-rejoinder to NM. It is made clear that, there is no provision in law for accepting sur-rejoinder, parties will have to satisfy the court for giving consideration to the rejoinder, sur-rejoinder, etc and thereafter only, court will consider rejoinder and sur-rejoinder.
Advocate Mr. Muzzafar Patel for Defendant no.2 to 4 present and filed registered Notice of Motion no.4892/2019 with affidavit in support, t.o.r.
Case is adjourned to 17/02/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Advocate Murudkar for Plaintiff present
Advocate Dushyant Krishnan with advocate Mr. Qureshi for Defendant no.1 present
Advocate Muzaffar Patel for Defendant no.2 to 4 present
Heard.
F.R.S.R. following order has passed-
ORDER
Notice of Motion no.4892 of 2019 is made absolute in terms of prayer clause (a), subject to cost of Rs.2400/- to be paid by Defendant no.4 to Plaintiff.
Case is adjourned to 20/04/2020 at 11.00 a.m. for compliance by Defendant no.4/hearing of NM no.1437/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 11-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present for plff.
None present for deft.
As nobody is present for both the parties, considering the present pandemic condition, matter is adjd. for NM hearing to 08.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv Mr. Murudkar for plff present and mentioned the matter in the morning session.
None present for deft.
There is no urgency hence, considering the present pandemic condition, matter is adjd. at same stage beyond summer vacation.
Matter is adjd. for NM hearing to 25.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv Mr.Murudkar for plff present and submitted that deft has not deposited the cost as per order dt.17.02.2020 and has not provided the copy of WS and reply to the plff till date.
None present for deft.
As deft No.4 has not complied as per order dt.17.02.2020 passed in N.M. No.4892/2020, the order passed previously to proceed without WS of deft No.4 is hereby restored and suit is ordered to proceed without WS of deft No.4.
adv for the plff submitted that deft No.1 has not supplied copy of sur-rejoinder to the plff in NM No.1437/2018. Deft No.1 is directed to serve the copy of said sur-rejoinder on the plff.
Matter is adjd. for NM hearing to 28.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv Mr.Vikas Murudkar for plff present.
Adv Mr.Nigel Quraisny for deft No.1 present and seeks time to sere copy of sur-rejoinder in NM 1437/18 on the adv. for plff.
None present for other defts.
Adv. for plff has no objection hence, by consent, matter is adjd. for sur-rejoinder to 23.10.2021.
Next Purpose: REJOINDER
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: court is on Leave.
Next Purpose: REJOINDER
Next Hearing Date: 15-11-2021
Date: 25-10-2021
Business: court is on Leave.
Next Purpose: REJOINDER
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv Ms.Anita Mane appeared and filed vakalatnama on behalf of plff at Exh.11 with no objection of previous advocate. She seeks adjournment.
Deft No.1 present with Adv Mr. Dushyant Krishnanfor deft No.1.
By consent, matter is adjd. for NM hearing to 13.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022
Date: 13-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv Smt. Anital Mane for plff present and submitted that copy of sur-rejoinder filed in NM No.1437/2018 is yet not served on the plaintiffs by deft No.1.
None present for defts.
Deft No.1 shall supply copy of sur-rejoinder to te plffs on or before next date.
Matter is adjd. for compliance and NM hearing to 22.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Anita Mane for plaintiff present. she submits that copy sir rejoinder.
Adv. Krishnan for def. no. 1 present. defendant requested for adjournment for hearing of NM the plaintiff has no objection for the same.
Matter adjd to 20.09.2022 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv.Rashmi Yati for plaintiff present.
Adv.Krishnan a/w. defendant No.1 for deft.No.1 present. He submits that he wants to produce the certificated copy of contents terms filed in another suit and he requested for time to produce the same.
Matter adjd to 23.11.2022 for hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022
Date: 20-09-2022
Business: Adv.Rashmi Yati for plaintiff present.
Adv.Krishnan a/w. defendant No.1 for deft.No.1 present. He submits that he wants to produce the certificated copy of contents terms filed in another suit and he requested for time to produce the same.
Matter adjd to 23.11.2022 for hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Deft. No.1 present. Deft.No.2 to 4 absent.
Adv.Shaila Tawade for plaintiff present.
Adv.Qureshi for deft. No.1 present.
Adv.for deft.No.1 filed list of documents for production of certified copy of construction in Rev.Appln.No.599/2021. List is t.o.r. and marked as Exh.12. Copy is already received by the Adv.for the plaintiff.
Matter adj. to 25.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Shaila Taware For plaintiff present.
Adv. Nigel Quraishy for defendant no. 1 present.
By consent of both sides matter adjd
Matter adj. to 29/03/2023 for NM hearing
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: adv. Shaila Taware for the plaintiff present.
Adv. Nigel for defendant No.1 present.
Adv for hte plaintiff wants to go through the documents hence adjoured for NM hearing to 26.06.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Adv. Shaila Taware for plaintiff present.
Adv. Qureshi for defendant no. 1 present.
Matter is adjd.to 24-08-2023 for nm Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Adv. Shaila Tawade for plaintiff present.
Adv. Dushyant Krishnan for def. no.1 is present.
Matter is adjd. for NM hearing to 04/10/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2023
Date: 24-08-2023
Business: Adv. Shaila Tawade for plaintiff present.
Adv. Dushyant Krishnan for def. no.1 is present.
Matter is adjd. for NM hearing to 04/10/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Adv. Shila Taware for plaintiff present.
Adv. Nigel Quraishy for defendant no. 1 present.
Matter is adjd.to 30-11-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024
Date: 30-11-2023
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Adv. Shaila Tawade for Plaintiff present.
None for defendants No.1 to 4 present.
Matter stands adjourned on 21.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2024
Date: 10-01-2024
Business: Adv. Shaila Tawade for Plaintiff present.
None for defendants No.1 to 4 present.
Matter stands adjourned on 21.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2024
Date: 21-02-2024
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: None for plaintiffs present.
Defendant No.1 present.
None for defendants No.2 to 4 present.
Matter stands adjourned on 28.06.2024 for Notice of Motion
hearing.
Later on at 03.11 pm.
Advocate Shaila Taware for plaintiffs present.
Matter stands adjourned on 28.06.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2024
Date: 18-04-2024
Business: None for plaintiffs present.
Defendant No.1 present.
None for defendants No.2 to 4 present.
Matter stands adjourned on 28.06.2024 for Notice of Motion
hearing.
Later on at 03.11 pm.
Advocate Shaila Taware for plaintiffs present.
Matter stands adjourned on 28.06.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: None for plaintiff present.
Adv. Qureshi for defendant no. 1 present.
Defendant no. 1 in person present.
None for defendant no. 2 to 4 present.
The notice of motion of plaintiff is pending for hearing since 2018 as per the statement of Ld. Advocate for defendant no. 1. Today also plaintiff and their advocate absent. The Ld. Advocate for defendant no. 1 submitted that defendant no. 1 and plaintiff have settled their dispute in another proceeding and now in the subject matter of the suit, the plaintiff is not interested and he will not turn up. In the circumstances the motion is posted for dismissal order.
Matter stands adjourned for NM dismissal to 06/07/2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-07-2024
Date: 28-06-2024
Business: None for plaintiff present.
Adv. Qureshi for defendant no. 1 present.
Defendant no. 1 in person present.
None for defendant no. 2 to 4 present.
The notice of motion of plaintiff is pending for hearing since 2018 as per the statement of Ld. Advocate for defendant no. 1. Today also plaintiff and their advocate absent. The Ld. Advocate for defendant no. 1 submitted that defendant no. 1 and plaintiff have settled their dispute in another proceeding and now in the subject matter of the suit, the plaintiff is not interested and he will not turn up. In the circumstances the motion is posted for dismissal order.
Matter stands adjourned for NM dismissal to 06/07/2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-07-2024
Date: 06-07-2024
Business: None for plaintiff present.
Defendant No.1 in person present.
None for defendant present.
Matter is fixed for dismissal of Notice of Motion. No steps are taken by plaintiff for proceeding with the Notice of Motion. It is appears that plaintiff is not interested in proceeding with Notice of Motion No. 1437/2018. Hence, Notice of Motion is Dismissed in Default for want of prosecution.
Matter stands adjourned on 24/09/2024 for filing draft issues.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 06-07-2024Additional Case Details
Additional Case Details
Filing Number: 104955/2018 Filing Date: 06-04-2018 First Hearing Date: 18th April 2018 Decision Date: 06th July 2024 Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE
Orders
2Final Order 106 Jul 2024
06 Jul 2024
Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101437/2018 1. Mrs. Rose Santan Rodrigues 2. Miss Salomi Rodriges Vs 1. Mr. Michael Rodrigues 2. Mr. Sunil Dsouza 3.Anil Dsouza 4.Rosita Fernandes Date : 06-07-2024 Business : None for plaintiff present. Defendant No.1 in person present. None for defendant present. Matter is fixed for dismissal of Notice of Motion. No steps are taken by plaintiff for proceeding with the Notice of Motion. It is appears that plaintiff is not interested in proceeding with Notice of Motion No. 1437/2018. Hence, Notice of Motion is Dismissed in Default for want of prosecution. Matter stands adjourned on 24/09/2024 for filing draft issues. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 06-07-2024 -- 1 of 1 --
Order 106 Jul 2024
06 Jul 2024
Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101437/2018 1. Mrs. Rose Santan Rodrigues 2. Miss Salomi Rodriges Vs 1. Mr. Michael Rodrigues 2. Mr. Sunil Dsouza 3.Anil Dsouza 4.Rosita Fernandes Date : 06-07-2024 Business : None for plaintiff present. Defendant No.1 in person present. None for defendant present. Matter is fixed for dismissal of Notice of Motion. No steps are taken by plaintiff for proceeding with the Notice of Motion. It is appears that plaintiff is not interested in proceeding with Notice of Motion No. 1437/2018. Hence, Notice of Motion is Dismissed in Default for want of prosecution. Matter stands adjourned on 24/09/2024 for filing draft issues. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 06-07-2024 -- 1 of 1 --
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.