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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Adeline Santan FernandesVsMr. Agnelo Francis Fernandes +6 more

CNR MHCC0100465120199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101385/2019
Registration Date
12 Jun 2019
Next Hearing Date
28 Sept 2026
Case Stage
RECORDING EVIDENCE P.H.

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-07-2019
    Business: Adv. Gaonkar for the Plaintiff present.
    Adv. M. S. Diwardkar for Defendant nos. 1 to 3 present.
    Already Vakalatnama of the Plaintiff.
    Address memo of the Plaintiff.
    Vakalatnama tendered by Defendant nos 1 to 3. t.o.r.
    Matter is adjd. to 7.10.2019 for proof of service of writ of summons of Defendant nos. 4 to 7/ WS by Defendant no. 1 to 3
    Next Purpose: SERVICE
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Ms. Gaonkar for the Plaintiff present.
    Adv. Ms. Pooja Rane for Defendant-1 to 3 present. (WS )
    Matter is adjd. to 31.01.2020 for proof of service of writ of summons of Defendant no. 4 to 7.
    Next Purpose: SERVICE
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged, as
    only urgent matters are taken up.
    Next Purpose: SERVICE
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: Adv Shilpa Joshi present for the plaintiff.
    None present for the defendant.
    Matter is adjd. to 08.03.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Shilpa Jishi for the plaintiff.
    Matter is adjd. to 05/05/2021 for filing affidavit of service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: As the Court is busy in dictating Judgment in SU No.623/2012 and hearing arguments in SU No.1404/2017. Hence, board is discharged.
    Matter is adjd. to 16/12/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv Ms.Mayuri present for the plaintiff.
    Adv Sayali Bandekar present for the defendant nos. 4 and 6
    Exh.6 She filed VN for defendant no.5 TOR O- filed.
    Defendant nos.1 to 3 have filed WS. Defendant no.7 has not filed WS. Suit to proceed without WS of defendant no.7. Plaintiff to takes for service of defendant nos.4 and 6
    Matter is adjd. to 28.02.2022 for service of defendant nos.4 and 6
    Next Purpose: SERVICE
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Adv Mayuri Dhonwakar for plaintiff present.
    Adv Sayali Bandekar for defendant no.5 present.
    Defendant nos.4 and 6 are duly served vide service affidavit. They failed to appear. Adjourned for exparty order against the defendant nos.4 and 6
    Matter is adjd. to 12.04.2022 for exparty order.
    Next Purpose: ORDER
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: As the Court is on leave.  Hence, board is  discharged and matter adjd. to
    Next Purpose: ORDER
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Adv. Pooja Rane h.f Addv. Manish Diwadkar for defendant no.s 1 to 3 present.
    Defendant nos. 4 and 6 duly served by service affidavit. They failed to appear. Matter is posted for passing Ex-Parte order against defendant nos. 4 and 6
    Order
    Suit proceed Ex-Parte against defendant nos. 4 and 6.
    Matter is adjd.to 22-08-2022  for  WS of defendant nos. 5 and 7.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Yugandhara Gaonkar for plaintiff present.
    Adv. Manish Diwadkar for defendant no. 1 to 3 present.
    Deft.no.7 duly served vide service affidavit but he failed to appear hence matter proceed exparte against deft no. 7.
    The deft.no. 5 appeared but he failed to file WS. Hence, No WS order is passed against Deft.no. 5.
    Matter is adjd. to 14.10.2022 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: As court is busy in dictating Judgment in Suit No. 828/2017. Hence, Board is discharged. Matter is adjd. to 14.12.2022 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: As Court is busy in hearing Argument in 40 years old Suit No. 6910/78 and in Supreme Court Time Bond Matter i.e.1404/17. Hence, Board is discharged.
    Matter is adjourned to 08.02.2023 for Draft Issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Adv. Sayukta Kadam h/f Adv. Shilpa Joshi for plaintiff present and seeking time to file draft issues. Time granted.
    None present for defendant.
    Matter is adjourned to 28.03.2023 for Draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Adv. Shilpa Joshi for plaintiff present and tendered draft issues.
    None for defendant.
    Matter is adjourned to 20.06.2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: The plaintiff is present in person.
    Adv. Ms. Kadam h/f Adv. Joshi for the plaintiff is present.
    Adv. Mr. Manish Diwadkar for defendant Nos. 1 to 3   is present.
    Adjourned for framing of issues to 10.08.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: The plaintiff is present.
    None present for the defendant.
    Matter is adjourned to 11.10.2023 for draft issues by defendants.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: The plaintiff is present.
    Adv. Ms. Sanyukta Kadam for the plaintiff is present.
    None present for the defendant.
    It is submitted on behalf of the plaintiff that they have already submitted draft issues. Defendant have not submitted draft issues.
    Matter is adjourned to 13.12.2023 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: None present for the plaintiff.
    Adv. Ms. Akshata Kale h/f Adv. Diwan for defendant/MHADA is present.
    Matter is adjourned to 07.03.2024 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: None for plaintiff.
    Adv. Mr.Manish Diwadkar  for defendant no.1 to 3 is present.
    Adv.for defendant no.1 to 3 seeks time to file draft Issues.
    Matter is adjourned to 19.06.2024 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: As the Court is leave on today. Hence, board is discharged and matter is adjourned to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: Advocate Yugandhara Gaonkar present for plaintiff.
    None present for defendants.
    As defendant and his advocate are absent, Matter is adjourned to 14/10/24 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-10-2024
    
    Date: 14-10-2024
    Business: As the Court is on leave today. Hence board is discharged and  matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: Adv. h/f Adv. Shilpa Joshi present for plaintiff.
    None present for defendants.
    As defendant and his advocate are absent, Matter is adjourned to 10/01/25 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-01-2025
    
    Date: 10-01-2025
    Business: Plaintiff a/w her Adv. Shilpa Joshi present.
    None present for defendants.
    KB for framing issues.  The Court is busy in RE and hearing on NM in Suit No. 2425/2021.
    Matter is adjourned to 03.02.2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-02-2025
    
    Date: 03-02-2025
    Business: Plaintiff present.
    Adv. Samidha Ambekar h/f Adv. Shilpa Joshi present for plaintiff.
    Issues are framed at Exh. 7.
                                    I S S U E S
    1. 	Whether the plaintiff proves that she is entitled for the 	declaration of join tenancy right in respect of suit premises ?
    2.	Whether the plaintiff proves that she is entitled for the direction
              to the defendant No.7 to issue rent receipt of the suit premises
              in her favour ?
    3.	Whether the plaintiff is entitled for vacant and peaceful 	possession of the suit premises from defendant Nos. 1 and 2 ?
    4.	Whether the plaintiff is entitled for injunction restraining
              defendant Nos. 1 and 2 from preventing and obstructing the
              entry 	of plaintiff in the suit premises ?
    5.	Whether the plaintiff is jointly entitled for the benefit that
              would accrue by way of redevelopment if any in respect of the
              suit premises ?
    6.	Whether is plaintiff is entitled for injunction restraining
              defendant Nos. 1 to 6 from entering into any agreement for
              Permanent Alternate Accommodation with defendant No.7 in
              respect of suit premises ?
    7.	Whether the suit is barred by law of limitation ?
    8. 	What order and decree ?
    Matter is adjourned for witness list/RE/evidence of plaintiff to 13/03/25.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-03-2025
    
    Date: 13-03-2025
    Business: As the Court is on leave.  Hence, board is discharged and matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-04-2025
    
    Date: 24-04-2025
    Business: Plaintiff present.
    Adv. Samidha Ambekar h/f Adv. Shilpa Joshi present for plaintiff.
    Adv. Manish Diwadkar present for defendant no. 1 to 3.
    Adv. for plaintiff filed affidavit of evidence of PW-01. O- Read and recorded. t.o.r. marked as Exh.08.
    She also filed list of documents  alongwith affidavit of evidence. t.o.r. marked as Exh. 09 O- Other side to say.
    Copy of affidavit of evidence is served to the defendant no. 1 to 3.
    Matter is adjourned to for filing reply on documents to 01/07/25.
    Next Purpose: FILING SAY
    Next Hearing Date: 01-07-2025
    
    Date: 01-07-2025
    Business: Adv. Samidha Ambekar present for plaintiff.
    Adv. Manish Diwadkar present for defendant no. 1 to 3 and he filed say on documents. t.o.r marked as Exh. 5.
    Matter is adjourned for hearing on documents to 05/08/25
    Next Purpose: HEARING
    Next Hearing Date: 05-08-2025
    
    Date: 05-08-2025
    Business: P.O. is on leave today hence, board is discharged and matter is adjourned
    Next Purpose: HEARING
    Next Hearing Date: 26-09-2025
    
    Date: 26-09-2025
    Business: As the court is on leave, Board is discharged and the matter stands adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 03-10-2025
    
    Date: 03-10-2025
    Business: As the Court is on leave.  Board is discharged and the matter stands adjd. to
    Next Purpose: HEARING
    Next Hearing Date: 21-11-2025
    
    Date: 21-11-2025
    Business: Plaintiff present.
    Adv. Sambhavi Bhosle h/f Adv. Shilpa A Joshi present for plaintiff.
    Adv. Manish Diwadkar present for defendant nos.1 to 3.
    With consent, Matter is adjourned to 13.01.2026 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-01-2026
    
    Date: 13-01-2026
    Business: Adv. Shilpa Joshi present for plaintiff.
    Adv. Manish Diwadkar present for defendant nos.1 to 3.
    Considering the nature of dispute between the parties and as Advocate for plaintiff and defendant nos.1 to 3 submitted that parties are ready to talk about the proposed settlement therefore, considering the element of settlement in the matter refer the same for mediation.
    Matter is adjourned to 17.02.2026 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 17-02-2026
    
    Date: 17-02-2026
    Business: Adv. Sambhavi Bhosle h/f Adv. Shilpa Joshi present for plaintiff.
    None present for defendants.
    Mediation report awaited hence, Matter is adjourned to 27.03.2026 for Mediation report.
    LO at 11.46am
    Adv. Bhavana Vardhana h/f Adv. Manish Diwadkar present for defendant nos.1 to 3.
    Matter already adjourned to 27.03.2026 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 27-03-2026
    
    Date: 27-03-2026
    Business: As the Court is on leave. Hence, Board is discharged and the matter stands adjourned.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 21-04-2026
    
    Date: 21-04-2026
    Business: As the Court is on leave.  Hence, board is discharged and matter stands adjourned.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-06-2026
    
    Date: 24-06-2026
    Business: Plaintiff in person present.
    None present for defendants.
    Exh.8-Mediation report received. O-Seen.
    Mediation failed hence, Matter is adjourned to 22.07.2026 for Hearing on documents.
    LO at 11.55am
    Adv. Manish Diwadkar for defendant nos.1 to 3 present.
    Already adjourned to 22.07.2026 for Hearing on documents.
    Next Purpose: HEARING
    Next Hearing Date: 22-07-2026
    
    Date: 22-07-2026
    Business: Adv. Samidha Amberkar h/f Adv. Shilpa Joshi present for plaintiff.
    None present for defendants.
    Heard Advocate for plaintiff. None present for defendant nos.1 to 3. Perused the list of documents at Exh.9 and the reply filed at Exh.10. The documents produced at sr. nos.1 to 4 are xerox copies therefore, cannot be marked as Exhibit.
    Document at sr. no.5 is the certified copy of order dated 30.03.2010 passed in S.C. Suit no.4890 of 2006 hence, it is marked as Exh.11.
    Though plaintiff has filed original no objection certificate but her examination-in-chief is silent about the contents and her signature thereon. Hence, document at sr. no.6 cannot be exhibited.
    Examination-in-chief of the plaintiff is silent about the signature and contents of the cheque produced at sr. nos.7 and 8 hence, those are not marked exhibit.
    Document at sr. no.9 is the office copy of notice dated 06.09.2018 alongwith postal receipts hence they are marked as Exh.12 colly.
    The envelope regarding said notice at Exh.12 is produced at sr. no.10 hence, it is marked as Exh.13.
    Document at sr. no.11 is the office copy of notice dated 29.09.2018 alongwith postal receipts hence, they are marked as Exh.14 colly.
    Document at sr. no.12 is the office copy of notice issued to MHADA  hence, it is marked as Exh.15.
    Document at sr. no.13 is xerox copy hence, cannot be marked as Exhibit.
    Matter is adjourned to 11.08.2026 for cross-examination.
    LO at 11.54am
    Adv. Brijeshwari Shah for defendant nos.1 to 3 present.
    Already adjourned to 11.08.2026 for cross-examination.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 11-08-2026
    
    Date: 11-08-2026
    Business: Plaintiff present.
    Adv. Bhagyashree Sawant h/f Adv. Shilpa Joshi present for plaintiff.
    Adv. Manish Diwadkar present for defendant nos.1 to 3.
    Adv. Amruta Kundap i/b Adv. P. N. Diwan for defendant/MHADA present.
    Advocate for defendant nos.1 to 3 submitted that today he is not ready for taking cross-examination of the plaintiff hence, prayed for granting short time. Advocate for plaintiff has no objection hence, short time is granted.
    Matter is adjourned to 17.09.2026 for cross-examination.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 17-09-2026
    
    Date: 17-09-2026
    Business: Plaintiff in person present.
    Adv. Pooja Thorat a/w Adv. Manish Diwadkar present for defendant nos.1 to 3.
    KB LO at 12.00pm
    Adv. Shilpa Joshi for Plaintiff present.
    Advocate for plaintiff submitted that defendant nos.4 to 6 are supporting to the plaintiff. But today defendant nos.4 to 6 when called remained absent. Hence, no cross-examination of the plaintiff on behalf of defendant nos.4 to 6.
    Cross-examination of PW-1, Mrs. Adeline Santan Fernandes by Adv. Manish Diwadkar for defendant nos.1 to 3 is recorded and completed.
    Advocate for plaintiff and Advocate for defendant nos.1 to 3 have filed application seeking soft copy of evidence. TOR. O-Be supply in pdf format on supply of pendrive.
    Matter is adjourned to 28.09.2026 for further evidence.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 28-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 105100/2019
    Filing Date: 24-04-2019
    First Hearing Date: 03rd July 2019
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    03 Feb 2025

    Order Details: Other Pdf Text: EXHIBIT- 07 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI S.C. SUIT NO. 1385 OF 2019 Mrs. Adeline Santan Fernandes ].. Plaintiff. V/s Mr. Agnelo Francis Fernandes and Ors. ].. Defendants. CORAM : HER HONOUR JUDGE A. V. KASTURE (C.R. No. 09). DATE : 03rd FEBRUARY, 2025 I S S U E S 1. Whether the plaintiff proves that she is entitled for the declaration of join tenancy right in respect of suit premises…

    Read Full Order
    Order 1Full order available
    03 Feb 2025

    Order Details: Other Pdf Text: EXHIBIT- 07 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI S.C. SUIT NO. 1385 OF 2019 Mrs. Adeline Santan Fernandes ].. Plaintiff. V/s Mr. Agnelo Francis Fernandes and Ors. ].. Defendants. CORAM : HER HONOUR JUDGE A. V. KASTURE (C.R. No. 09). DATE : 03rd FEBRUARY, 2025 I S S U E S 1. Whether the plaintiff proves that she is entitled for the declaration of join tenancy right in respect of suit premises…

    Read Full Order

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