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NOTICE OF MOTION

John Peter FernandesVsFlavia Fernandes +2 more

CNR MHCC0100573720182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 15th November 2018

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101750/2018
Registration Date
26 Apr 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 19-06-2018
    Business: Adv. D\''melo for plff present.
    Adv.Madhavi Nalawade  for defts no.1 to 4 present.
    On oral request of advocate for Plaintiff adjd.for rejoinder of Notice of Motion no. 3923/17.
    Adv. For defendant has tendered three original Notice of Motion no. 1748/18, 1749/18 and 1750/18.
    Adjd. To 08/08/2018  for Notice of Motion reply
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: HHJ is Nominated as trainer for tranining on mediation hence today Board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-09-2018
    
    Date: 15-09-2018
    Business: As court is on  half day leave hence board discharged .
    Adjd.to 15.11.2018 for rejoinder
    Next Purpose: REJOINDER
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv.Ms.Sonawane for Plaintiff present.
    Adv.Ms.Shruti Pethare for defendant no.4 present.
    Plff filed reply to N/m.1749/2018 and 1750/2018
    and also filed rejoinder to N/m No.3923/2017 .t.o.r.
    Heard both the sides in N/m No.1750/2018.
    Order below N/m No.1750/2018
    Perused N/m which is supported by an affidavit.  Also perused the reply filed on affidavit by the plaintiff.  Heard Ld.advocates of both the sides. This N/m is taken out by the defendant no.4 for condoning the delay and filing written statement on record.  The delay of 77 days has been satisfactorily explained by the defendant no.4 in paragraphs no.3 to 9 of the affidavit in support of the N/m.  For giving fair opportunity to the defendant no.4 to contest the suit on merits and in the interest of justice, I pass the following order.
    ORDER
    1 N/m No.1750/2018 is allowed and made absolute in terms of prayer clause(a), subject to condition that defendant shall file written statement on next date positively, subject to payment of cost of Rs.1,000/- to be paid to DLSA, Mumbai within a period of two weeks.
    2 Notice of motion is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 15-11-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 106251/2018
    Filing Date: 26-04-2018
    First Hearing Date: 19th June 2018
    Decision Date: 15th November 2018
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    15 Nov 2018

    Order Details: Other Pdf Text: 15.11.2018 SU2442/17 CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02) Adv.Ms.Sonawane for Plaintiff present. Adv.Ms.Shruti Pethare for defendant no.4 present. Plff filed reply to N/m.1749/2018 and 1750/2018 and also filed rejoinder to N/m No.3923/2017 .t.o.r. Heard both the sides in N/m No.3923/2017. Order below N/m No.3923/2017 Perused N/m which is supported by an affidavit. Also perused reply filed by the defendant. Without going to the merits of this N/m, it is an admitted fact…

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    Order 1Full order available
    15 Nov 2018

    Order Details: Other Pdf Text: 15.11.2018 SU2442/17 CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02) Adv.Ms.Sonawane for Plaintiff present. Adv.Ms.Shruti Pethare for defendant no.4 present. Plff filed reply to N/m.1749/2018 and 1750/2018 and also filed rejoinder to N/m No.3923/2017 .t.o.r. Heard both the sides in N/m No.3923/2017. Order below N/m No.3923/2017 Perused N/m which is supported by an affidavit. Also perused reply filed by the defendant. Without going to the merits of this N/m, it is an admitted fact…

    Read Full Order

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