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NOTICE OF MOTION

John Peter FernandesVsFlavia Fernandes +4 more

CNR MHCC01006001201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 30th October 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102156/2019
Registration Date
18 Jun 2019

Advocates

2

For Petitioner

For Respondent

Parties

6

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-08-2019
Business: Court is busy in recording evidence in suit no.305/88 and suit no.569/05, hence case is adjourned to 03/10/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Court is busy in hearing and dictating order on NM in suit no.305/88 and court has to record cross-examination in suit no.4883/07, hence case is adjourned to 03/02/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: None present for Plaintiff.
None present for Defendant.
Plaintiff is directed to file registered Notice of Motion on next date.
Case is adjourned to 07/04/2020 for NM reply/Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-10-2020

Date: 29-08-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2021

Date: 27-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-04-2021

Date: 20-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: Nobody present.
Court is busy in hearing arguments in ABA 498/21. Hence adjourned.
Adjd for framing issues to 27/08/2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: None for plaintiff.
Adv. Amol Tembe for deft No. 1, 3 and 4 present and stated that there are three notice of motions pending.
Adv. for deft No. 1, 3 and 4 filed xerox copy of Review Petition No. 133/19. t.o.r.
Adv for deft No. 1, 34 drawn my attention in order pased in Rev Petition No. 133/19 by my predecessor that notice of motion No. 3932/17 and Nm 1749/17 dt. 18.07.2019 are restored and be heard on merits. He further stated that NM No. is 3923/17 and not 3932/17.
It seems that there is typographical error in operative order. The NM in para 3 of order is noted as NM No. 3923/17.
Adv. for deft No. 1, 3 and 4 filed registered NM No. 2156/19
Direction is given to take note of the order and get restored the NM No. 3923/17 and NM No. 1749/17
Adjd for hearing of NM to 24/11/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: At 03.06 pm
Adv. Amol Tembe For defendant No. 1,3 and 4 present.
None for plaintiff.
Defendant to file affidavit of service of notice of motion No. 2156/19 to the plaintiff.
Adjd for affidavit of service to 18/12/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-12-2021

Date: 24-11-2021
Business: At 03.06 pm
Adv. Amol Tembe For defendant No. 1,3 and 4 present.
None for plaintiff.
Defendant to file affidavit of service of notice of motion No. 2156/19 to the plaintiff.
Adjd for affidavit of service to 18/12/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: At 2.47 pm.
None present.
Adjd for affidavit service as last chance to 22/02/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: At 3.27 pm
None present when called.
Adjd to 15/06/2022 for affidavit of service as last chance failing which the NM No. 2156/19 will be disposed of.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: None for plaintiff.
Adv. Isha Jain h/f Adv. Mohite for defendant no.4  present and filed affidavit of service regarding NM No.  2156/19.
None for defendant no.1 to 3 and 5.
On perusal of record, it appears that three notice of
motions are pending in the matter. Hence,  last chance is
given for filing reply in NM No.  2156/19.
Matter is adjd.to 18-08-2022 for Hrg in NM No.3923/17
and 1749/18 and reply in NM No. 2156/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022

Date: 15-06-2022
Business: None for plaintiff.
Adv. Isha Jain h/f Adv. Mohite for defendant no.4  present and filed affidavit of service regarding NM No.  2156/19.
None for defendant no.1 to 3 and 5.
On perusal of record, it appears that three notice of
motions are pending in the matter. Hence,  last chance is
given for filing reply in NM No.  2156/19.
Matter is adjd.to 18-08-2022 for Hrg in NM No.3923/17
and 1749/18 and reply in NM No. 2156/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: None for plaintiff.
Adv. Isha Jain  for defendant no. 1 to 4 present.
None for defendant no. 5.
Last chance was given for filing reply in NM No.  2156/19 taken out by defendant no. 4 but reply is not filed by the plaintiff till today. Hence, NM No.  2156/19 is kept for NM Hrg without reply.
Matter is adjd.to 12-10-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022

Date: 18-08-2022
Business: None for plaintiff.
Adv. Isha Jain  for defendant no. 1 to 4 present.
None for defendant no. 5.
Last chance was given for filing reply in NM No.  2156/19 taken out by defendant no. 4 but reply is not filed by the plaintiff till today. Hence, NM No.  2156/19 is kept for NM Hrg without reply.
Matter is adjd.to 12-10-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Karen Koya  for plaintiff present and prayed for adjournment to file application to set a side no reply order in NM No.  2156/19 - allowed
Adv. Amol Tembe for defendants no. 1 to 4  present.
None for defendant no.  5
Matter is adjd.to 15-12-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv. Austin Fernandes for plaintiff present  and filed affidavit in reply in NM No.  2156/19 t.o.r.
In the interest of Justis, affidavit in reply is t.o.r.  for decision on merit in NM No.  2156/19 by setting aside no reply order dtd. 18-08-2022.
None for defendants no. 1 to 5
Matter is adjd.to 02-02-2023 for Hrg in NM No.  2156/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. Karen Koya for plaintiff present and prayed for adjournment  due to settlement talks between the parties - allowed
None for defendants no. 1 to 5
Matter is adjd.to  12-04-2023 for Hrg in NM No.  2156/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Austin Fernandes h/f Adv. Karen Koya for plaintiff present and prayed for adjournment due to settlement talks between the parties - allowed
Adv. Amol Tembe  for defendant no. 1 to 4 present.
None for defendant no. 5
Matter is adjd.to 13-07-2023 for Hrg in NM No. 2156/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: None for plaintiff present.
Adv. Amol Tembe for defendant no. 1, 3 and 4 present.
The advocate for defendant ready for n/m hearing, therefore plaintiff is directed to remain present on next date to argue on n/m. Otherwise it will be heard in their absence.
Matter adjourned for n/m hearing to 02/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2023

Date: 13-07-2023
Business: None for plaintiff present.
Adv. Amol Tembe for defendant no. 1, 3 and 4 present.
The advocate for defendant ready for n/m hearing, therefore plaintiff is directed to remain present on next date to argue on n/m. Otherwise it will be heard in their absence.
Matter adjourned for n/m hearing to 02/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: None for plaintiff.
Adv. Shri Amol Tembe for defendant present.
K.B.
Matter adjourned to 12/10/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2023

Date: 02-09-2023
Business: None for plaintiff.
Adv. Shri Amol Tembe for defendant present.
K.B.
Matter adjourned to 12/10/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: None For plaintiff present.
Adv.  Gaurav Jain for defendant no. 1 to 4 present.
Heard advocate for defendant no. 1 to 4 on n/m no. 2156 of 2019.
Matter adjourned for order on NM no. 2156 of 2019 to 30/10/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-10-2023

Date: 12-10-2023
Business: None For plaintiff present.
Adv.  Gaurav Jain for defendant no. 1 to 4 present.
Heard advocate for defendant no. 1 to 4 on n/m no. 2156 of 2019.
Matter adjourned for order on NM no. 2156 of 2019 to 30/10/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: FRSR following order passed on NM no. 2156 of 2019
- ORDER -
1. Prayer clause (a), (b) and (c) of Notice of Motion No. 2156/2019 is made absolute subject to cost of Rs.1,000/-.
2. The defendant no.4 is directed to pay cost to the plaintiff or deposit in this court within six weeks from the date of this order, after payment of cost, written statement be read and recorded.
3. N/m No. 2156/2019 is disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 30-10-2023

Additional Case Details

Additional Case Details
Filing Number: 106503/2019
Filing Date: 18-06-2019
First Hearing Date: 07th August 2019
Decision Date: 30th October 2023
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
30 Oct 2023

Order Details: Notice of Motion Pdf Text: N/m No. 2156/19 in S.C.Suit No. 2442/17. 1 Order MHCC010060012019 Presented on : 18-06-2019 Registered on : 18-06-2019 Decided on : 30-10-2023 Duration : 4 years, 4 months, 12 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2156 OF 2019 IN S. C. SUIT NO. 2442 OF 2017 John Peter Fernandes )...Plaintiff Versus Flavia Fernandes and others )...Defendants Shri Amol K. Tembe, Advocate for the defendant nos.1 to…

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