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CHAMBER SUMMONS

Martina Alec Pereira And OrsVsSigfried Pereira And Ors

CNR MHCC01005166201863-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 16th June 2025

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100755/2018
Registration Date
19 Apr 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 30-07-2018
    Business: Adv Rustom Khan  for plaintiff present.
    Adv Keshav Kamat  for defendant no.1 and 2 present.
    Adv Nidhi Salien for defendant no.3 present.
    As per the request of adv for plaintiff matter adjourned.
    Last chance given to defendant no.1 and 2 to tender ch/sum.
    Adjourned to 28.11.2018  for reply on ch/sum.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: Adv. Miya Khan for Plaintiff Present and filed reply to ch/su 755/18 is t.o.r.
    Adv. Nishid Joshi for defendant no. 1 and 2 Present and filed registered ch/su no. 755/18.
    Adv. Saliyan for defendant no. 3 to 6 Present.
    Copy of reply supply to adv. for defendant nos. 1 and 2 and 3 to 6.
    Adjd to 30/01/2019 for hearing on ch/su no. 755/18
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: P.O. is on Training
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: P.O. is on Leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Adv. Pervez Rustumkhan for plff present.
    Adv.Ms. Salian for deft. no. 3 to 6 present.
    Adv. Mr. Luliya for deft. no.1 and 2 present.
    Rejoinder filed ch/s 755/18 by Adv. Luliya.
    Adjd. to 16.07.2019 for ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Court is on Leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Matter called out (3.07pm)
    Adv.P.H. Rustomkhan for plaintiff present.
    Exh- Adv.Amit Ahuja for defendant no.3 to 6 present filed say on  document filed by the plaintiff. T.O.R.
    By consent.
    Matter adj for hearing on C/S No.755/18 on 07/10/19.
    Later on
    Adv.Nishit Joshi for defendant no.1 and 2 present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Matter called out(3.26pm)
    Adv.Rustomkhan for plaintiff present.
    Adv.Deepak for defendant no.1 present.
    Plaintiff no.6(a) filed reply on C/S No.755/18. T.O.R
    Copy supply to the other side.
    Plaintiff inform that, defendant no.3 to 6 already serve on 05/10/19.
    At the request of plaintiff.
    Matter is adj to 14/11/19 for hearing on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: P.O. is on Leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Matter is called out at 3.18pm
    Adv.Saachi Purohit h/f P.M.Rustomkhan for plaintiff no.5 present filed reply to C/S No.755/18. T.O.R
    Copy serve to the other side.
    Adv.Nishit K.Joshi h/f Deepak Lulia for defendant no.1 and 2 present filed rejoinder.T.O.R
    Copy serve to the other side.
    Adv.Riddhi Shah for defendant no.3 to 6 present.
    Matter is adj to 26/02/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Matter is called out at 3.15pm
    Adv.Saachi Purohit h/f P.M.Rustomkhan for plaintiff present.
    Adv.Nishit K.Joshi h/f Adv.Deepak Lulia for defendant no.1 and 2 present.
    Adv.Ridhi Shah for defendant no.3 to 6 present.
    Plaintiff requesting time as all the plaintiffs are not residing in Mumbai.  Adj.Granted.
    Matter is adj to 01/04/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, Case is adjourned to 07/08/2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Adv.P.M.Rustomkhan for plaintiff present.
    Defendant and his advocate absent.
    Matter is adj to 06/01/2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: Adv Pervez Rustomkhan for plaintiff present.
    None present for defendant no.1 and 2.
    Adv Rui Danawale for defendant no.3 to 6 present.
    Ch/Su. is moved by defendant no.1.
    Matter adjd for hearing on Ch/Su. on 24/02/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Adv Parvez Rustomkhan for plaintiff present.
    Adv Riddhi Shah for defendant no.3 to 6 present.
    Adv for plaintiff requested adjournment.
    Matter adjd for hearing on C/s on  16/04/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: None present for plaintiff.
    Advocate Ayaan Hafiz for defendant no.3 to 6 is present.
    Adjourned for CS hearing to 21.03.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Advocate  R. Rustamkhan for plaintiff is present.
    Advocate Maithili Desai for defendant nos. 1 and 2 is present and requested short adjournment for hearing on C/S. Request is allowed.
    Advocate Hafiz for defendant nos. 3 to 6 is present.
    Adjourned for C/S hearing to 13.04.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: None present for plaintiff.
    Advocate Maithili Desai for  defendant nos.1 and 2 is present.
    Advocate Hafiz for defendant nos. 3 to 6 is present.
    Adjourned for hearing on C/S to 12.07.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Court is vacant.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Court is vacant.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Advocate Rustom Khan for plaintiff is present.
    Advocate Maithili Desai for defendant no. 1 and 2 is present and filed pursis regarding the death of defendant no.1, t.o.r. and marked as Exh.8. Copy is supplied to advocate for Plaintiff.
    None for other defendants
    Adjd. for CS hearing to 03/07/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    None present for plaintiff.
    Adv. Nidhi present for defendant nos.03 to 06.
    Adv. Nalla Seth I/b Adv.Luila present for defendant nos.01 and 02 and submitted that pursis Exh-08 is filed informing that defendant no.01 is died. In view of that Plaintiff has to take steps for binging LR’s of defendant no.02 on record. If Plaintiff failed to take steps, further order will be passed and CS will be taking for hearing on next date.
    Matter is adjd. for Steps and hearing on CS to 10.08.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. P. M. Rustomkhan present for plaintiff and submitted that plaintiffs want to withdraw the suit but plaintiff is out of country and sought time to withdraw the suit.
    Adv. Maithili Desai h/f Deepak Lulia present for defendant nos.01 and 02.
    Adv. Nidhi present for defendant nos.03 to 06.
    Matter is adjd. for taking steps to 16.10.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. P. M. Rustomkhan present for plaintiff and sought adjournment as the plaintiff wants to withdraw the suit, but confirmation from plaintiffs who are residing abroad is not yet received. Considering the reason adjourned as a last chance.
    Adv. Sareen Nalla Seth h/f Adv. Deepak Lulia present for defendant nos.01 and 02.
    Matter is adjd. for taking steps to 08.12.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. P. M. Rustomkhan present for plaintiff.
    Adv. Sareen Nalla Seth h/f Adv. Deepak Lulia present for defendant nos.01 and 02.
    Adv. Nidhi Saliyan present for defendant nos.03 to 06.
    Adv. for plaintiff submitted that plaintiff wants to withdraw the suit, but due to old age Power of Attorney holder of some of the plaintiffs cannot come to the court.
    The Power of Attorney holder can be verified through Video Conference by sending link in advance to the concern person. Adv. for plaintiff to take steps accordingly.
    Matter is adjd. for taking steps to 30.01.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: Court is on leave. Adjourned to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    None present for plaintiff.
    None present for defendant.
    KB for afternoon.
    LO at 02:48 p.m.
    None present for plaintiff.
    Adv. Sareen Nalla Seth h/f Adv. Deepak Lulia present for defendant nos.01 and 02 and requested for adjournment.
    Adv. Nidhi Savia present for defendant nos.03 to 06.
    Matter is adjd. for taking steps to 02.04.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: Court is on leave. Adjourned to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    None present for plaintiff.
    None present for defendant.
    KB
    Adv. Rustom Khan present for plaintiff.
    Adv. Brijesh Pandya present for defendant nos.01 and 02.
    Adv. Nidhi present for defendant nos.03 to 06.
    Matter is adjd. for taking steps to 28.08.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    Matter is referred to Lok Adalat dtd.27.07.2024.
    Issue notice to the parties.
    Matter is adjd. for Lok Adalat to 27.07.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 27-07-2024
    
    Date: 27-07-2024
    Business: Matter pertains to C.R. No. 63
    None present for plaintiff.
    None present for defendant.
    Matter not settled in Lok Nyayalaya, hence Matter referred to regular court.
    Matter adjd to 04-09-2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    None present for plaintiff.
    None present for defendant.
    Matter be referred to Lok Adalat.
    Issue notice to parties.
    Matter is adjd. for Lok Nyayalay to 28.09.2024.
    LO at 03:15 p.m.
    Adv. Prachi Mantry h/f Adv. Pervez Rustomkhan present for plaintiff.
    Adv. Brijesh Pandya i/b Adv. Deepak Lulia present for defendant nos.01 and 02.
    Adv. Lekha Abhay Narkar i/b M/s. Apex Law Partners present for defendant nos.03 to 06.
    LO at 03:43 p.m.
    Adv. for plaintiff and Adv. for defendant nos.01 and 02 submitted that the matter should not be kept in Lok Adalat because parties will not come. They undertakes that they will  informed the change of date to adv. for defendant nos.03 to 06.
    Matter is adjd. for taking steps to 07.10.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-10-2024
    
    Date: 07-10-2024
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    Adv. T N Rustomkhan present for plaintiff and submitted that plaintiffs are going to withdraw the suit therefore he sought longer date.
    Adv. Brijesh J. Pandya i/b Adv. Deepak Lulia present for defendant nos.01 and 02.
    Matter is adjd. for taking steps to 10.12.2024.
    LO at 03:33 p.m.
    Adv. Harshada Gaikwad i/b M/s. Apex Law Partners present for defendant nos.03 to 06.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Business: P. O. is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2025
    
    Date: 05-02-2025
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    Adv. P. M. Rustomkhan present for plaintiff.
    Adv. Brijesh Pandya i/b Adv. Deepak Lulia present for defendant nos.01 and 02.
    Adv. Lekha narkar i/b M/s. Apex Law Partners present for defendant nos.03 to 06.
    Matter is adjd. for taking steps to 11.02.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-02-2025
    
    Date: 11-02-2025
    Business: P. O. is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2025
    
    Date: 06-03-2025
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    Adv. Pervez M. Rustomkhan present for plaintiff.
    Adv. Brijesh Pandya i/b Adv. Deepak Lulia present for defendant nos.01 and 02.
    Adv. Diksha Panchal i/b Apex Law Partners present for defendant nos.03 to 06.
    Matter is adjourned on next date in morning session.
    Matter is adjd. for taking steps to 04.04.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-03-2025
    
    Date: 12-03-2025
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    NOB. TOB.
    Element of settlement are seen, hence, matter is referred to Lok Adalat. Dtd.22.03.2025.
    Issue notice to the parties.
    Matter is adjd. for Lok Adalat to 22.03.2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: NATIONAL LOK-ADALAT HELD ON 22.03.2025 (Panel-07)
    Matter pertains to C.R. No. 63
    None for plaintiff.
    None for defendant.
    Matter is not settled.
    Matter adjd to 25.04.2025
    Adv. Ms. Savita Suryavanshi
       HHJ. SHRI. B. Y. PHAD
            Panel Member                                              Panel Head
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 25-04-2025
    
    Date: 25-04-2025
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    None present for plaintiff.
    Adv. Brijesh Pandya i/b Adv. Deepak Lulia present for defendant nos.01 and 02.
    Defendant nos.01 and 02 are present.
    Adv. Diksha Panchal present for defendant nos.03 to 06.
    KB
    Adv. P. M. Rustomkhan present for plaintiff.
    Matter is adjd. for taking steps to 16.06.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2025
    
    Date: 16-06-2025
    Business: Adv. Parvez M. Rustomkhan for plaintiff present.
    Adv. Brijesh Pandya for defendant nos.1 and 2 present.
    Adv. Nidhi Salian for defendant nos.3 to 6 present.
         Plaintiffs want to withdraw the suit unconditionally. They have filed an application for the same vide Exh.10 and Exh.11 respectively. The advocate of defendant has consented for the same by making endorsement on it. As plaintiffs are not interested to proceed, thus, they are allowed to withdraw the suit unconditionally as prayed. Accordingly, Suit stands finally disposed off.
    As the main suit disposed off, the CHS no.755 of 2018 therein also stands disposed off.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 16-06-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 105635/2018
    Filing Date: 19-04-2018
    First Hearing Date: 30th July 2018
    Decision Date: 16th June 2025
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    16 Jun 2025
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
    Case No. : Chamber Summons/0100755/2018
    MARTINA ALEC PEREIRA AND 5 ORS Vs SIGFRIED PEREIRA AND 5 ORS
    Date : 16-06-2025
    Business : Adv. Parvez M. Rustomkhan for plaintiff present. Adv. Brijesh
    Pandya for defendant nos.1 and 2 present. Adv. Nidhi Salian
    for defendant nos.3 to 6 present. Plaintiffs want to withdraw
    the suit unconditionally. They have filed an application for the
    same vide Exh.10 and Exh.11 respectively. The advocate of
    defendant has consented for the same by making endorsement
    on it. As plaintiffs are not interested to proceed, thus, they are
    allowed to withdraw the suit unconditionally as prayed.
    Accordingly, Suit stands finally disposed off. As the main suit
    disposed off, the CHS no.755 of 2018 therein also stands
    disposed off.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 16-06-2025
    -- 1 of 1 --
    Order 1
    16 Jun 2025
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
    Case No. : Chamber Summons/0100755/2018
    MARTINA ALEC PEREIRA AND 5 ORS Vs SIGFRIED PEREIRA AND 5 ORS
    Date : 16-06-2025
    Business : Adv. Parvez M. Rustomkhan for plaintiff present. Adv. Brijesh
    Pandya for defendant nos.1 and 2 present. Adv. Nidhi Salian
    for defendant nos.3 to 6 present. Plaintiffs want to withdraw
    the suit unconditionally. They have filed an application for the
    same vide Exh.10 and Exh.11 respectively. The advocate of
    defendant has consented for the same by making endorsement
    on it. As plaintiffs are not interested to proceed, thus, they are
    allowed to withdraw the suit unconditionally as prayed.
    Accordingly, Suit stands finally disposed off. As the main suit
    disposed off, the CHS no.755 of 2018 therein also stands
    disposed off.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 16-06-2025
    -- 1 of 1 --

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