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NOTICE OF MOTION

Oscar Anthony DsouzaVsGaulbert Anthony Dsouza And Ors

CNR MHCC01007378201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th January 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102686/2019
Registration Date
18 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-08-2019
    Business: Court is busy in dictating Judgment in suit no.5559/07, hence case is adjourned to 25/11/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Advocate Mr. V. E. Pereira for Plaintiff present and filed registered Notice of Motion no.2686/2019 with affidavit in support, t.o.r.  and submitted that it is learnt that Defendant no.5 is dead and he has sent letter to advocate for Defendants for giving details of LRs of Defendant no.5.  Considering submissions adjourned.
    Advocate Mr. Kishore Hase for Defendants present
    Case is adjourned to 07/02/2020 for Steps to be taken by Plaintiff.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Advocate V. E. Pareira @ Plaintiff present and filed registered Chamber Summons no.166/2020 with affidavit in support, t.o.r.
    Saniya D\''souza, Daughter of Defendant no.1 submitted that advocate for Defendants is not feeling well hence matter may be adjourned.  Considering submissions adjourned.
    Case is adjourned to 30/03/2020 for Chamber Summons reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 30-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 30-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 13-10-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 13-10-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: None present for Plaintiff/s.
    None present for Defendant/s.
    As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for reply to c/s and hearing on Notice of Motion to 20.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: None present for both the parties.
    Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2021
    
    Date: 20-04-2021
    Business: None present for both the parties.
    Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2021
    
    Date: 20-04-2021
    Business: None present for both the parties.
    Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 26-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 26-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Plaintiff present in-person and seeks adjournment.
    None present for defendant. On the request of plaintiff, matter is adjourned till next date.
    Matter adjd for Ch/s reply and hearing on 23/11/2021.
    Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Plff present in person and seeks adjournment by submitting that his adv is not available today.
    Adv Mr. Hase present for deft. and endorsed his no objection on Ch/s No.166/2020.
    Plff to serve the proposed legal heirs of deceased deft No.5 with Ch/s No.166/2020.
    Matter is adjd. for service to 04.02.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Due to covid - 19
    Next Purpose: SERVICE
    Next Hearing Date: 02-05-2022
    
    Date: 04-02-2022
    Business: Due to covid - 19
    Next Purpose: SERVICE
    Next Hearing Date: 02-05-2022
    
    Date: 04-02-2022
    Business: Due to covid - 19
    Next Purpose: SERVICE
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Adv Mr. Pareira present for plff. and filed registered Ch/s No.166/2020 alongwith affidavit in support.
    Adv Mr. Kishore Hase present and gave oral undertaking that he will file vakalatnama on behalf of proposed legal heirs of deceased deft No.5 on next date. He endorsed reply on Chs No.166/2020 on behalf of proposed legal heirs.
    Statement made in the affidavit filed in support of Ch/s about causing death of det No.5 Cindrela is supported by copy of death certificate. Since the proposed legal heirs have no objection, Ch/s no. 166/2020 is allowed as prayed.
    Amendment be carried out on or before next date.
    After carrying out the amendment, plff shall serve copies of amended plaint on the defts and legal heirs of deceased deft No.5.
    Matter is adjd. for compliance to 15.07.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: None present for pltff.
    Adv.Kishore Hase present and filed vakalatnama on behalf of deft. No.5(a) and 5(b) t.o.r. and marked as Exh.7.
    Plaintiff to file service affidavit of amended plaint.
    Matter adjd to 12.09.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-09-2022
    
    Date: 15-07-2022
    Business: None present for pltff.
    Adv.Kishore Hase present and filed vakalatnama on behalf of deft. No.5(a) and 5(b) t.o.r. and marked as Exh.7.
    Plaintiff to file service affidavit of amended plaint.
    Matter adjd to 12.09.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: PO is on leave in Second Session.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-11-2022
    
    Date: 12-09-2022
    Business: PO is on leave in Second Session.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Plaintiff present.
    Adv.Pereira for plaintiff present.
    None present for deft.
    (As Court is busy in dictating order in Stamp No.12658/22 and order in ch/s. No.2322/18, hence, adjourned.)
    Matter adj. to 16.01.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-01-2023
    
    Date: 17-11-2022
    Business: Plaintiff present.
    Adv.Pereira for plaintiff present.
    None present for deft.
    (As Court is busy in dictating order in Stamp No.12658/22 and order in ch/s. No.2322/18, hence, adjourned.)
    Matter adj. to 16.01.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Adv.V.E. Pereira for plaintiff present.
    Adv.Kishore Hare for defendant present.
    (As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
    Matter adjd to 09.03.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-03-2023
    
    Date: 16-01-2023
    Business: Adv.V.E. Pereira for plaintiff present.
    Adv.Kishore Hare for defendant present.
    (As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
    Matter adjd to 09.03.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: Adv.V. E. Pereira for plaintiff present.
    Adv.Kishor Hase for all defendants present.
    The adv.for defendants requested time to file additional written statement. Time allowed subject to limitation.
    Matter adjd to 15.06.2023 for steps for filing addl.WS.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: Plaintiff in person present.
    Adv. Kishor for defendant present.
    Matter is adjd.to 18-08-2023 for Hrg on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Adv. for plaintiff present.
    Adv. Kishor for all defendants present.
    For both the parties would make submission that there are chances of amicable settlement of dispute between the parties for which they seek time.
    Matter is adjd.to 11-10-2023 for settlement /NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2023
    
    Date: 18-08-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: None for plaintiff.
    Adv. Vaishali Kamble for defendant no. 1 present.
    Matter is adjd.to 11-12-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: Adv. Poonam Tiwari for plaintiff present.
    Adv. Vaishali Kamble for defendant present.
    Matter is adjourned to 25-01-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: Adv. V.E. Pereira for Plaintiff present.
    None for defendants No.1 to 4 and 5(a) to 5(c) present.
    Matter stands adjourned on 28.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: None for Plaintiff present.
    Advocate Kishor Hase for defendants No.1 to 4 and 5(a) to 5(c) present.
    Matter stands adjourned on 18.07.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2024
    
    Date: 28-03-2024
    Business: None for Plaintiff present.
    Advocate Kishor Hase for defendants No.1 to 4 and 5(a) to 5(c) present.
    Matter stands adjourned on 18.07.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: Due to heavy rain there is request from BAR Association not to pass any adverse orders.
    None for plaintiff present.
    None for defendant present.
    Matter is posted for Notice of Motion hearing.
    Matter stands adjourned on 19/09/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2024
    
    Date: 18-07-2024
    Business: Due to heavy rain there is request from BAR Association not to pass any adverse orders.
    None for plaintiff present.
    None for defendant present.
    Matter is posted for Notice of Motion hearing.
    Matter stands adjourned on 19/09/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2024
    
    Date: 19-09-2024
    Business: Adv. V. E. Pereira for plaintiff present.
    Adv. Kishor Hase for defendant No.1 to 4 and 5(a) to 5(c) present.
    Matter adjourned for hearing on Notice of Motion.
    Matter stands adjourned on 18/11/2024 for hearing on Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2024
    
    Date: 19-09-2024
    Business: Adv. V. E. Pereira for plaintiff present.
    Adv. Kishor Hase for defendant No.1 to 4 and 5(a) to 5(c) present.
    Matter adjourned for hearing on Notice of Motion.
    Matter stands adjourned on 18/11/2024 for hearing on Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2024
    
    Date: 18-11-2024
    Business: CORAM :- H.H.J. SHRI. PRASHANT C. KALE (CR.65)
    Adv. Pereira for plaintiff present and requested for grant of adjournment. O- Short time is granted.
    Adv. Kishor Hase for defendant present.
    Matter adjourned for NM hearing.
    Matter stands adjourned on 13.12.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2024
    
    Date: 18-11-2024
    Business: CORAM :- H.H.J. SHRI. PRASHANT C. KALE (CR.65)
    Adv. Pereira for plaintiff present and requested for grant of adjournment. O- Short time is granted.
    Adv. Kishor Hase for defendant present.
    Matter adjourned for NM hearing.
    Matter stands adjourned on 13.12.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: Plaintiff in person  present.
    Adv. Kishor Hasse for defendant present.
    The Notice of motion is pending since 2019, the prayer in the Notice of motion is in respect of restoration of water supply.  Apparently plaintiff has not pressed the hearing of Notice of motion till date. It appears that the plaintiff is not interested proceeding with Notice of motion. Hence Notice of motion is posted for dismissal order.
    Matter stands adjourned on 21/12/2024 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-12-2024
    
    Date: 13-12-2024
    Business: Plaintiff in person  present.
    Adv. Kishor Hasse for defendant present.
    The Notice of motion is pending since 2019, the prayer in the Notice of motion is in respect of restoration of water supply.  Apparently plaintiff has not pressed the hearing of Notice of motion till date. It appears that the plaintiff is not interested proceeding with Notice of motion. Hence Notice of motion is posted for dismissal order.
    Matter stands adjourned on 21/12/2024 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-12-2024
    
    Date: 21-12-2024
    Business: None for plaintiff present.
    Adv Mr. Kishor Hase for defendant present.
    Notice of motion No. 2686/19 is kept for dismissal order.
    Matter stands adjourned  for n/m dismissal order to  04.01.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-01-2025
    
    Date: 21-12-2024
    Business: None for plaintiff present.
    Adv Mr. Kishor Hase for defendant present.
    Notice of motion No. 2686/19 is kept for dismissal order.
    Matter stands adjourned  for n/m dismissal order to  04.01.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-01-2025
    
    Date: 04-01-2025
    Business: None for plaintiff present.
    Defendant present his Adv. absent.
    Notice of Motion is fixed for dismissal order. Today also plaintiff and his Adv. are absent. It appears that plaintiff is not interested in proceeding with Notice of Motion. Hence, Notice of Motion No.2686/2019 is dismissed in default and for want of prosecution. Proceeding of Notice of Motion No.2686/2019 in Suit No.294/2019 is closed. Parties to take note.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 04-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 107913/2019
    Filing Date: 18-07-2019
    First Hearing Date: 09th August 2019
    Decision Date: 04th January 2025
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 Jan 2025
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0102686/2019
    Oscar Anthony Dsouza Vs Gaulbert Anthony Dsouza And Ors
    Date : 04-01-2025
    Business : None for plaintiff present. Defendant present his Adv. absent.
    Notice of Motion is fixed for dismissal order. Today also
    plaintiff and his Adv. are absent. It appears that plaintiff is not
    interested in proceeding with Notice of Motion. Hence, Notice
    of Motion No.2686/2019 is dismissed in default and for want
    of prosecution. Proceeding of Notice of Motion No.2686/2019
    in Suit No.294/2019 is closed. Parties to take note.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 04-01-2025
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