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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Micheal (Don) FerroVsMrs. Evan Bonnie Pereira +4 more

CNR MHCC01004995201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 07th May 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
102086/2019
Registration Date
19 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-08-2019
    Business: Matter called out (4.25pm)
    Exh-5 Matter moved by preceipe. O-Allwed.
    Exh-1 Plaint.
    Exh-2 Vakalatnama.
    Exh-3 Memorandum of register address.
    Exh-4 List of document.
    Adv.O.P.Singh for plaintiff present.
    Plaintiff allowed to serve the defendant through court bailiff.
    Short service allowed.
    Matter adj for filing service report on 09/08/19.
    Next Purpose: SERVICE
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Matter called out (2.05pm)
    Plaintiff and his advocate absent.
    Adv.Indulkar for defendant no.1 to 3 present.
    Matter adj for filing service report on 16/09/19.
    Later on
    Second time matter called out (3.08pm)
    Adv.O.P.Singh for plaintiff present.
    Plaintiff tendered service affidavit.
    Def.No.5 in person present.
    Permission to serve writ of summons to the other defendant.
    Next Purpose: SERVICE
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Matter called out(11.53am)
    Adv.O.P.Singh for plaintiff present.
    Defendant no.2 in person present.
    Defendant no.3 in person present.
    Husband of def.no.1 present.
    Def.no.1 to 3 seeking time to file written statement. Time granted.
    Plaintiff to file service affidavit in respect of defendant no.4.
    On last occasion def.no.5 was present in person. Inspite of grant of time she filed to written statement hence, suit to proceed without written statement of def.no.5.
    Fresh writ of summons be issued against def.no.4.
    Matter adj for written statement on 22/10/19.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Matter called out(11.37am)
    Adv.O.P.Singh for plaintiff present.
    Exh-1Plaint                                                                                                                                                                                           Exh-2Vakalatnama                                                                          Exh-3Memorandum of register address.                                               Exh-4List of documents.
    Exh-5Adv.Meena Kharat for defendant no.1 to 3 present filed vakalatnama.T.O.R
    At the request of advocate for defendant no.1 to 3 further 30 days time is granted to file written statement.
    Plaintiff failed to serve defendant no.4.  The time to serve defendant no.4 further extended.
    Defendant no.5 in person present. She is already proceeded without Written Statement.
    Matter is adj to 04/12/19 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Court is busy in recording of evidence of Suit No. 4394/07 and 8030/02.
    Adv.Dheeraj Kanojiya h/f Adv.Sunil Kanojia for defendant no.1 to 3 present.
    None for plaintiff.
    Matter is adj to 14/01/2020 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Matter is called out at 11.47am
    Adv.Rahul Tiwari for plaintiff present seeking permission to serve defendant no.4 by private service. Order-Allowed.
    Adv.Meena Kharat h/f Adv.Sunil Kanoujia for defendant no.1 to 3 present.
    Defendant no.5 in person present she is already proceeded without written statement.  She is carrying written statement.  In the absence of proper N/M this court can not accept the written statement. She has made to understand about the filing of proper application.
    Plaintiff failed to point out the date of service of summons to the defendant no.1 to 3.  Record shows that defendant appeared on 22/10/2019 through their advocate.  Today advocate for defendant no.1 to 3 seeking time to file written statement.  It appears to me that 90 days are yet to expire therefore, time granted to file written on behalf of def.no.1 to 3.
    Matter is adj to 27/03/2020, in the meantime def.no.1 to 3 is at liberty to file written statement on record by supplying copy to the other side.  The def.no.5 is also at liberty to prefer appropriate application for tendering written statement on record.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic it seems that parties are absent hence adj to 13.08.2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Due to Covid-19
    None present.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-11-2020
    
    Date: 25-09-2020
    Business: Due to Covid-19
    None present.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-11-2020
    
    Date: 25-09-2020
    Business: Due to Covid-19
    None present.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Business: Due to Covid-19 none present.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: CORAM :- H.H.J. SHRI.R.M. SADRANI (C.R. 07)
    Plaintiff and defendant absent.
    Their advocate absent.
    Matter is adj for written statement on 06-04-2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: None present for plaintiff and defendant.
    Matter adjd to 12/07/2021 for Wr/St.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Court is on leave.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for written statement to 21.09.2021.
                                                                                            Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Advocate Sanjay Yadav for plaintiff is present.
    None present for defendant.
    Adjourned for written statement to 21.10.2021.
                                                                                            Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Advocate Mr. O. P. Singh for plaintiff is present.
    Advocate Sachin Kanojia for defendant no.1 is present and requested short adjournment for filing W.S. Request is granted subject to limitation.
    None present for other defendants.
    Adjourned for written statement to 22.11.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Advocate Mr. O. P. Singh for plaintiff is present.
    Advocate Sachin Kanojia for defendant nos. 1 to 3 is present.
    Advocate Mr. Dhiwar for defendant nos. 4 and 5 is present  and he filed V/P at Exh.06, draft NM alongwith W.S. Leave is granted to register NM. He served the copy of draft NM and W.S. on the advocate for plaintiff and advocate of defendant nos.1 to 3.
    Defendant nos. 1 to 3 not filed their written statement. Hence, suit proceed without W.S. of defendant nos. 1 to 3.
    Adjourned for NM reply to 05.01.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Advocate Mr. O. P. Singh for plaintiff is present.
    Advocate Sachin Kanojia for defendant nos.1 to 3 is present.
    On the request of both advocates matter be referred to mediation.
    Adjourned for mediation report to 23.02.2022.
                                                                                            Judge
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Advocate Singh for plaintiff is present.
    Advocate Diwar for defendant nos.4 and 5 is present.
    Both advocates submitted that negotiation talks are going on, therefore they requested to refer the matter before Lok-adalat.  Hence, matter be referred before upcoming Lok-adalat which is held on 12.03.2022.
    Adjourned to 12.03.2022.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 12-03-2022
    
    Date: 12-03-2022
    Business: Matter pertaining to C.R. No. 63
    None present.
    Matter Adjd to 04/05/2022.
    Adv. P. M. Bhansali     Adv. Nikhil Ghate  H.H.J. S.P.Naik-Nimbalkar
     Panel Member            Panel Member                Panel Head
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Advocate Sanjay Yadav for plaintiff is present.
    None present for defendants.
    Later on at 01.30 pm
    Advocate Sachin Kanojia for plaintiff is present and filed V/P T.O.R. marked as Exh-7 and also filed withdrawal application marked as Exh-8.
    Plaintiff is present.
    Defendant nos.1 to 5 present.
    Advocate Sunil Kanojia for defendant nos.1 to 5 present.
    Matter refereed to Lok-adalat which is held on 07.05.2022.
    Adjourned for Lok-adalat to 07.05.2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: NATIONAL LOK-ADALAT HELD ON 07.05.2022 (PANEL NO.IX)
    Adv Sachin Kanojia for plaintiff present.
    Plaintiff in person present.
    None present for the defendant.
    Plaintiff submitted that he is withdrawing the suit unconditionally as settled out of the Court.
    Terms of compromise and award.
    In view of terms of compromise and application at Exh.8. Suit is disposed of as withdrawn unconditionally. Court fees be refunded to the plaintiff as per rules.
    HHJ. Shri. K.P.Kshirsagar      Adv. Nandini Kamble/Pal     Adv.Lata Shanbhag
         Panel Head                     Panel Member                Panel Member
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 07-05-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105431/2019
    Filing Date: 04-05-2019
    First Hearing Date: 03rd August 2019
    Decision Date: 07th May 2022
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 May 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
    Case No. :SUIT/0102086/2019
    Mr. Micheal (Don) Ferro Vs Mrs. Evan Bonnie Pereira
    Date : 07-05-2022
    Business : NATIONAL LOK-ADALAT HELD ON 07.05.2022 (PANEL
    NO.IX) Adv Sachin Kanojia for plaintiff present. Plaintiff in
    person present. None present for the defendant. Plaintiff
    submitted that he is withdrawing the suit unconditionally as
    settled out of the Court. Terms of compromise and award. In
    view of terms of compromise and application at Exh.8. Suit is
    disposed of as withdrawn unconditionally. Court fees be
    refunded to the plaintiff as per rules. HHJ. Shri. K.P.Kshirsagar
    Adv. Nandini Kamble/Pal Adv.Lata Shanbhag Panel Head
    Panel Member Panel Member
    Nature of Disposal : WITHDRAWL
    Disposal Date : 07-05-2022
    COURT 63 ADDL SESSIONS JUDGE
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