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NOTICE OF MOTION

Holland Gonsalves Suit No.502/2016VsJerome Xavier Vaz +2 more

CNR MHCC0100649620189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th January 2026

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101976/2018
Registration Date
28 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-06-2018
    Business: Resumed.
    The P.O. is on leave, hence board is discharged.
    Adjd for NM arguments to 19.07.2018
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: Plaintiff is present with Adv. Karan Asrani i/b C.K. Legal.  Adv. Asrani undertakes to file V.P. within a period of one week from today.  Adv. Dhumale for MCGM and Adv. C.K.Pereira for def. no. 1 are present.
    Adv. Dhumale submits that the def. no. 3 is executive engineer MBRR Board an authority in MHADA for which matters court room no. 12 is assigned.  The registrar civil is directed to seek necessary directions to assign this matter in court room no. 12 for further hearing.
    Adjd for vakalatnama of Adv. Asrani/C.K.Legal and arguments on NM to 26.07.2018
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-07-2018
    
    Date: 26-07-2018
    Business: Resumed.
    Adv. Fernandes for defendant  no. 1 and Adv. Asrani for plaintiff and Adv. Dhumale for MCGM are present.
    Adv. Asrani seeks time to file Vakalatnama.
    Adjd for compliance of earlier order to 03.09.2018
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: adj to 26-11-2018
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2019
    
    Date: 20-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: Adv.Khalid for the Plaintiff present.
    Representative of Defendant no.1 present.
    Adv. Suryawanshi for MMC/Defendant no. 2 and 3 present.
    By consent, matter is adjd. to 07.10.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-11-2019
    
    Date: 01-11-2019
    Business: The Court is on Leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Adv.Ms.Parekh  for Plaintiff is present.
    Adv. Farnandis for defendant no. 1 is present.
    Heard argument adv. of defendant no. 1.
    Matter is adjd. for  argument of Plaintiff on NM No. 1976/2018 to 28/01/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Court is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Chandramore for deft. no.2 present.
    None for plff.
    NM No.3272/2016 is pending for hearing since long. However, no steps have been taken by or on behalf of plff. for hearing of NM. Hence NM No.3272/2016 is dismissed for default.
    Last chance is granted to the plff to file reply to NM1976/2018
    Matter is adjd. to 03.04.2021 reply to NM No.1976/2018.
    Next Purpose: REPLY
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 28.06.2021 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: due to covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Adv. Tasnem Khatau for the plaintiff present.
    None for defendants.
    Plaintiff has failed to file reply to NM. Hence, the NM to proceed without reply against plaintiff.
    Matter is adjd. to 14/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Nikita Dharmshri i/b C.K. Legal for plaintiff present.
    Adv. Kunal Naik for the defendant No.1 present.
    Matter is adjd. to 10/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv Nikita present for the plaintiff.
    Adv Ramjay I/b Adv Ruben Fernandes present for the defendant no.1
    Adv.Chandramore for defendant/BMC present.
    Matter is adjd. to 11.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. To 26.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Adv. Nikita for plaintiff present.
    Court is busy in other matter on board in hearing argument and dictating order hence board discharged.
    Matter is adjd. to 08-07-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv.Nikita Dharamshi for plaintiff present and submitted that defendant n/m is pending for hearing since long. He is not remain present for hearing hence. N/m of defendant be dismissed.
    Adv. Chandramore for BMC/defendant no. 2 present.
    Perusing record it appears that defendant no. 1 filed N/m 1976/18. No reply filed by plaintiff hence N/m fixed for hearing since 11/08/2021. But there after sufficient opportunity given to defendant for hearing of N/m ,it appears that the defendant no. 1 does not want to proceed with N/m hence put up for dismissal order on 30-07-2022.
    Matter is adjd.to 30-07-2022 for  N/m dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Court is on leave, Hence matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Court is busy in hearing argument in Suit No.2295/16 NM No.562/21 and Suit No.1543/12. Hence board is discharged. Matter is adjd. to 22.09.2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv. Nikita K. Dharamshi I/b C.K. Legal for plaintiff present.
    Adv. Kunal Naik I/b Ruben Fernandes for defendant no. 1 present and ready for argument.
    But plaintiff advocate seeking time for hearing. Matter is already fixed for dismissal of NM. It will better to give one more opportunities to deft. for hearing NM as plaintiff is also not ready for hearing.
    Matter is adjd. to 16.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: As Court is on leave. Hence, board is discharged and matter adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: As Court is busy in dictating order in suit no. 6910/1978 and Chamber summons no. 448/2020 in Suit No. 1559/08. Hence board is discharged.
    Matter is adjourned to 23.02.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: Plaintiff present and filed list of documents. TOR. It is marked at Exh.08. Copy of document supplied to defendant No. 1.
    Adv. Ramnarayan for defendant No. 1 present.
    Matter is adjourned to 06.04.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: As the Court is on leave.  Hence, board is discharged and matter adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: Plaintiff is present.
    Adv. Mr. Kunal Naik for defendant No. 1 is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Plaintiff submits that his advocate is held up in Hon’ble High Court and prayed for adjournment. Hence, matter is adjourned.
    Matter is adjourned to 05.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: The plaintiff is present and prayed for adjournment by submitting that his advocate is out of station. Adjournment granted.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 08.11.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: As the Court is busy in hearing on NM No. 440/2021 in SU No. 1951/2010 and dictating order in NM No. 21/2021 and NM No. 184/2021. Hence, board is discharged.
    Matter is adjourned to 05.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: Adv. Mr.Yogendra Koli for the plaintiff is present.
    Adv. Mr.Chandramore for defendant/BMC is present.
    Advocate for plaintiff submitted that it is learnt that defendant no.1 is expired but advocate for defendant no.1 has not given details of death and legal heir of defendant no.1. Hence, seeks time to takes steps.
    Matter is adjourned to 17.02.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: Adv. Mr.Yogendra Koli for the plaintiff is present.
    None for defendant.
    It is submitted by adv. for plaintiff that defendant no.1 is died but adv. for defendant no.1 has not supplied details of legal heirs of defendant no.1. Hence, he be directed to supply details of legal heirs of defendant no.1. Considering the submissions adv. for defendant no.1 is directed to supply details of legal heirs of defendant no.1 to the plaintiff.
    Matter is adjourned to 19.04.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2024
    
    Date: 06-08-2024
    Business: None present for plaintiff.
    Advocate Rahul Rathod for defendant/BMC present.
    As plaintiff and his advocate are absent, Matter is adjourned to 10/10/24 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2024
    
    Date: 10-10-2024
    Business: None present for plaintiff.
    Adv. Rahul Rathod for BMC is preset.
    As plaintiff and his advocate are absent, Matter is adjourned for NM hearing to 12/12/24.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2024
    
    Date: 12-12-2024
    Business: As the Court is on leave.  Board is discharged and the matter stands adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2025
    
    Date: 12-02-2025
    Business: Plaintiff present.
    Adv. for plaintiff absent.
    Advocate Rahul Rathod for defendant no. 2/BMC present.
    Plaintiff seeks time for taking steps as defendant no. 1 has expired.
     O- Time granted as last chance.
    Matter is adjourned for taking steps to  02/04/25.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-04-2025
    
    Date: 02-04-2025
    Business: Plaintiff present and sought adjournment as his counsel is not available today. O- Time granted as last chance..
    None present for defendants.
    Matter is adjourned for NM hearing/dismissal of NM to 24/6/24.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2025
    
    Date: 24-06-2025
    Business: Plaintiff is present.
    Adv. for plaintiff absent.
    Adv. Rahul Rathod present for defendant No.2/BMC.
    Matter is adjourned to 24.07.2025  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2025
    
    Date: 24-07-2025
    Business: Plaintiff present his advocate absent.
    Plaintiff submitted that, he could not find out the legal heirs of defendant no. 1. O- Time granted.
    Advocate Rahul Rathod for defendant/BMC present.
    Matter is adjourned to 11/09/25 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2025
    
    Date: 11-09-2025
    Business: Adv. Piyush Singh present for plaintiff and sought adjournment for bringing legal heirs on record. O- Time granted.
    Advocate Rahul Rathod for defendant no.2/BMC present.
    Matter is adjourned to 03.11.2025 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-11-2025
    
    Date: 03-11-2025
    Business: Plaintiff present.
    Adv. Rahul Rathod for defendant no.2/BMC present.
    Adv. for plaintiff is absent. Hence, Matter is adjourned to 09.12.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2025
    
    Date: 09-12-2025
    Business: Plaintiff in person present and requested for adjournment.
    Adv. Gopichand Jawale h/f Adv. Rahul Rathod for defendant/BMC present.
    Matter is adjourned to 30.01.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: Plaintiff in person present and filed application for adjournment.  TOR and marked as Exh.9. O-Adjournment granted.
    Adv. Rahul Rathod for defendant no.2/BMC present.
    The plaintiff has filed application for adjournment seeking time to file CS as defendant no.1 is dead. Plaintiff submitted that defendant no.1 died before 3 years hence, Suit stands abated against defendant no.1.
    As defendant no.1 is no more, as well as his LRs are not brought on record within time as above, NM no.1976/2018 filed on behalf of defendant no.1 stands disposed of.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 30-01-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 107117/2018
    Filing Date: 28-05-2018
    First Hearing Date: 14th June 2018
    Decision Date: 30th January 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    30 Jan 2026
    Order Details: Other
    Pdf Text: 30.01.2026
    Sr. No. 42
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 502/2016
    NM 1976/2018
    Exh.9
    Plaintiff in person present and filed application for adjournment.
    TOR and marked as Exh.9. O-Adjournment granted.
    Adv. Rahul Rathod for defendant no.2/BMC present.
    The plaintiff has filed application for adjournment seeking time to file
    CS as defendant no.1 is dead. Plaintiff submitted that defendant no.1
    died before 3 years hence, Suit stands abated against defendant no.1.
    As defendant no.1 is no more, as well as his LR’s are not brought on
    record within time as above, NM no.1976/2018 filed on behalf of
    defendant no.1 stands disposed of.
    Matter is adjourned to 07.03.2026.
    Judge
    -- 1 of 1 --
    Order 1
    30 Jan 2026
    Order Details: Other
    Pdf Text: 30.01.2026
    Sr. No. 42
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 502/2016
    NM 1976/2018
    Exh.9
    Plaintiff in person present and filed application for adjournment.
    TOR and marked as Exh.9. O-Adjournment granted.
    Adv. Rahul Rathod for defendant no.2/BMC present.
    The plaintiff has filed application for adjournment seeking time to file
    CS as defendant no.1 is dead. Plaintiff submitted that defendant no.1
    died before 3 years hence, Suit stands abated against defendant no.1.
    As defendant no.1 is no more, as well as his LR’s are not brought on
    record within time as above, NM no.1976/2018 filed on behalf of
    defendant no.1 stands disposed of.
    Matter is adjourned to 07.03.2026.
    Judge
    -- 1 of 1 --

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