Mr. Moses Michael GomesVsMr. Shaikh Mohammed Anis

Date: 08-08-2019
Business: Adv. Dube for plaintiff present and filed original NM no. 2702/19 along with affidavit.
Adv. Chacha for defendant present and sought time to file reply and WS. Time granted.
Matter stands Adj for reply to NM on 07.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: the court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Dube for plaintiff present.
None present for defendant.
Ld. counsel for plaintiff submitted that defendant has not filed reply to NM and WS inspite of giving chances. In view of the above, case to proceed without reply of defendant to NM and without WS of the defendant.
Matter stands Adj for hearing on NM to 13.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv. Dube for plaintiff present.
Adv. Chacha for defendant present.
By consent, Matter stands Adj for NM hearing to 20.12.19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Plaintiff present in person.
Adv. Chacha for defendant present.
Matter stands Adj for hearing on NM to 11.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: The court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view 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: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: None for Plaintiff.
Advocate Chacha for defendant present.
The case is adjourned to 24.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021

Date: 19-01-2021
Business: None for Plaintiff.
Advocate Chacha for defendant present.
The case is adjourned to 24.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Chacha for defendant present and seeks time to file appropriate proceedings to set aside \''No Written Statement\'' and \''No reply\'' order.
Time is granted as last opportunity.
The case is adjourned to 30.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Advocate Mukesh Dubey for plaintiff present.
None for defendant.
The case is adjourned to 20.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adjourned due to COVID-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Matter mentioned at 02.56 p.m.
None present for plaintiff.
Adv. D. P Chacha for defendant present.
He is seeking time to file NM. Time granted.
Matter stands adjourned to 08.11.2021 for NM hearing.
Later on at 3.40 p.m.
Adv. S. K Dubey for plaintiff present.
Matter already adjourned to 08.11.2021
                                                                Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Matter mentioned at 2.50 p.m.
Adv. Mukesh Dubey for plaintiff present.
Adv. Darayas Phiroze Chacha for defendant present.
By consent, matter stands adjourned to 14.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Matter mentioned at 2.57 p.m.
Adv. Mukesh Dubey for plaintiff present.
Adv. Darayas Chacha for defendant present.  He tendered draft NM.
O-Leave granted to register.
Plaintiff seeking time to file reply. Time granted.
Draft NM handed over to the defendant for registration.
Matter stands adjourned to 25.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Adv. Mukesh Dubey for plaintiff present. He tendered reply to NM No.3293/21. TOR.
Copy served to the other side.
Adv. for defendant.
Court is busy in final hearing Suit No.594/08.
Matter stands adjourned to 08.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Matter called out at 3.20 p.m.
None present for plaintiff.
Adv. Sumeet Dani h/f Adv. Chacha for defendant present.
Matter stands adjourned to 01.07.2022 for Reply.
Later on at 3.30 p.m.
Adv. S. K. Dubey for plaintiff present.
Already adjourned to 01.07.2022.
Next Purpose: REPLY
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Adv. S. K. Dubey for plaintiff present.
None present for defendant. Put up NM No.3293/2021 filed by defendant for hearing/dismissal.
Matter stands adjourned to 05.09.2022 for NM No.3293/2021
hearing/dismissal.
Later on at 3.58 p.m.
Adv. Chacha for defendant present.
Already adjourned to 05.09.2022.
Next Purpose: REPLY
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Chacha for defendant present.
K.B.
Later on mentioned at 3.57 p.m.
Adv. Mukesh Dubey for plaintiff present.
Adv. Chacha for defendant present.
Heard the advocate of defendant on NM No.3293/2021. He contended that there is lapse on his part in filing WS and reply to NM of plaintiff therefore, he is directed to file his affidavit.
Matter stands adjourned to 29.09.2022 for NM (p.h).
Next Purpose: REPLY
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. Mukesh Dubey for plaintiff present.
None present for defendant.
K.B.
Later on called out at 3.30 p.m.
None present for defendant. Hence, put up for NM dismissal.
Matter stands adjourned to 05.11.2022 for NM dismissal.
Next Purpose: REPLY
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Adv. S. K. Dubey for plaintiff present.
Adv. Sumit D. for defendant present.  On his request, matter is kept back at 4.30 p.m.
K.B.
Later on mentioned at 3.49 p.m.
Adv. Mukesh Dubey for plaintiff present.
Adv. Chacha for defendant present.  He is seeking time. Time granted.
Matter stands adjourned to 11.11.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Adv. S. K. Dubey for plaintiff present.
Adv. Sumeet Dani for defendant present. He tendered WS. TOR. Copy served to the plaintiff.
Defendant is seeking time. Time granted.
K.B.
Later on at 4.22 p.m.
Adv. S. K. Dubey for plaintiff present.
None present for defendant.
Heard Ld. Advocate for plaintiff.
Matter stands adjourned to 09.12.2022 for argument of defendant on
NM (p.h).
Later on at 4.32 p.m.
Adv. Chacha for defendant present.
Heard Advocate for defendant.
Already adjourned to 09.12.2022 for NM (p.h).
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Plaintiff in person present.
K.B.
Later on mentioned at 3.57 p.m.
Adv. Mukesh Dubey for plaintiff present.
None present for defendant.
K.B.
Later on called out at 4.31 p.m.
Adv. Mukesh Dubey for plaintiff present.
Defendant absent when called.
The advocate of plaintiff submitted that the defendant is playing delay tactics to avoid hearing on NM No.2702/2019 which is filed for interim injunction and praying that atleast the defendant be restrained from creating third party interest. Considering the continuous absence of the defendant, the defendant is directed not to create third party interest till pendency of NM No.2702/2019.
later on at 4.40 p.m.
Adv. Mukesh Dubey for plaintiff present.
Adv. Chacha for defendant present.
Heard the rival parties on NM No.3293/2021.
During the argument, advocate of defendant submitted that
defendant will not create third party interest. Hence, statement is
taken on record.
Matter be fixed for 21.01.2023 hearing on NM No.2702/2019 and
order on NM No.3293/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: None present.
K.B.
Later on at 3.05 p.m.
Adv. S. K. Dubey for plaintiff present.
K.B
Later on at 4.07 p.m.
Adv. S. K. Dubey for plaintiff present.
Defendant absent fails to file reply on NM No.2702/2019.
Put up for no reply order.
Matter stands adjourned on 20.04.2023 for no reply order.
Later on at 4.40 p.m.
Adv. Chacha for defendant present.
FRSR following order passed in NM No.3293/2021.
ORDER
1. Notice of Motion No.3293/2021 in S. C. Suit No.2772/2018, is
 hereby allowed.
2. Delay stands condoned.
3. Written statement already tendered be exhibited.
4. Notice of Motion is disposed off accordingly.
WS is marked as Exh-03
Matter stands adjourned on 20.04.2023 for no reply order.
Next Purpose: REPLY
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: Adv Mukesh Dubey for Plaintiff present and submits that he has not received copy of W.S.
None for defendant present.
Defendant is directed to serve the copy of W.S to Plaintiff.
Matter stands adjourned on  26-09-2023 for no reply order.
Next Purpose: ORDER
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Adv S.K. Dubey for Plaintiff present.
None for defendant present.
Defendant failed to file reply to NM No. 2702/2019. Hence NM No. 2702/2019 proceeded without reply of defendant.
Matter stands adjourned on  10-11-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: As court is on leave, hence matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: Advocate Mukesh Dube for Plaintiff present.
Advocate Chacha for defendant present.
The Learned Advocate for the defendant has submitted that the defendant has expired. Now the matter be kept for steps.
Matter stands adjourned on 23-02-2024 for steps and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 03.08.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: Adv. Mukesh Dubey for Plaintiff present and tendered draft Ch/s a/w affidavit in support. TOR. O - Leave is granted to register draft Ch/s. Copy of Draft Chamber Summons handed over to party for registration.
The Plaintiff is directed to file the registered Ch/s on next date without fail, otherwise Ch/s will be dismissed.
None for defendant present.
Matter stands adjourned on 12-09-2024 for CS service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 12-09-2024

Date: 12-09-2024
Business: P.O. is on Leave.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: P. O. is on leave in second session.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-12-2024

Date: 18-12-2024

Date: 13-02-2025

Date: 24-04-2025

Date: 21-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate S. K. Dubey for Plaintiff present and tendered registered Chamber Summons No. 1795/24.  Proposed defendant refused to accept service on 03.07.2025.
None for defendant present.
The plaintiff has not described suit property in terms of Order 7 Rule 3 of CPC or and filed documents like property card, share certificate, photo pass or equivalent documents  in terms of Para 8, Chapter 2 of Civil Manual in respect of suit property. Hence, plaintiff to produce such documents on next date.
Matter stands adjourned to 26-08-2025 for appearance/compliance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 26-08-2025

Date: 26-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Mukesh Dubey for Plaintiff present. He submits documents and intent to argue for little. He was repeatedly asked will he complete argument on issue raised vide order dtd. 21.07.2025. He says yes and submits that description of property is mentioned in plaint para No. 1. He shows plaint page No. 16, 17, 36, 37 and 45, 53. The plaintiff is landlord of the suit property. He also submits that original owner of suit property was name Michael Thomas Gomes. Accordingly the plaintiff has filed document along with list at Exh.4. On 09.12.2022 status-quo order is passed. He further submits that he is going to file copy of property card. The document filed along with list at Exh.4.
Kept back. Later on Advocate for the plaintiff filed xerox copy of property card alongwith list at Exh.5.
Advocate  Darayas Phiroze Chacha for respondent present and filed appearance memo at Exh.6 and seeks time to file Vakalatnama and reply. Time is granted till next date only. Thus the matter reserved to pass necessary order. Later on Advocate for the plaintiff moves application at Exh.7 and seeks time to file property card. As aforesaid before he begins the argument he was repeatedly  asked if he is ready to make his complete submission and later on he was heard. Now the plaintiff again seeks time. In view of aforesaid fact the application at Exh.7 is allowed subject to costs of Rs. 2,000/- payable to DLSA on or before next date. He also submits that this Court is taking similar objection in each and every matters. Therefore he asked whether such objection is legal or not. He submits that he does not want to say anything. It means he has made such statement for reasons known to him.
Later on he tendered appology and file pursis at Exh.8 accordingly. O- Seen and appology accepted.
Matter stands adjourned to 29.09.2025 for compliance/order.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Mukesh S Dubey for Plaintiff present and tender list of documents property card of CTS No.815/1 and 815/2 marked Exh.9. Copies of Property Card are maked Exh.10 and Exh.11. Similarly copy of property card file with list Exh.5 is marked as Exh.12. The plaint is silent as to survey number mentioned vide Exh.10 to Exh.12. Therfore the plaintiff to explain relevancy of such property card and suit property.
Advocate Darayas Phiroze Chacha for defendant present.
Matter stands adjourned for Compliance to 13/11/2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate  for Plaintiff present. He submits that there is no dispute about the identification of the property as required under Order VII Rule 3 of CPC. He also prayed to allow the Chamber Summons. On Court question as to how property card at Exh.10 and Exh. 11 are relevant, he submits it is not required to bring legal heirs of defendant. Accordingly kept for necessary order to be passed on next date.
None for defendant present.
Matter stands adjourned for order to 27-11-2025.
Later on. Advocate Daryas Phiroze Chacha for defendants present
and filed appearance memo at Exh.13.
Next Purpose: ORDER
Next Hearing Date: 27-11-2025

Date: 27-11-2025

Date: 06-02-2026

Date: 12-03-2026
Business: Adv. Mukesh Dube for Plaintiff present.
None for defendant present.
Matter stands adjourned for NM hearing to 23/04/2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2026

Date: 23-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Adv. Dubey for Plaintiff present.
None for defendant present.
NM to proceed without reply.
Matter stands adjourned for NM hearing to 29/06/2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Mukesh Dubey for Plaintiff present.
None for defendant present.
Matter stands adjourned for NM Hearing to 13-08-2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2026

Date: 13-08-2026
Business: P.O. is on training. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2026

Date: 17-09-2026
Business: HHJ is on leave hence, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2026

Main Case No: SUIT/0102772/2018
Main Cnr: MHCC010096562018
Main Filing No: 111447

Registration Number: 102702/2019
Transfer Date: 04-08-2026
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 21 - COURT 21  ADDL SESSIONS JUDGE

Filing Number: 107932/2019
Filing Date: 18-07-2019
First Hearing Date: 08th August 2019
Court Number And Judge: 21-COURT 21  ADDL SESSIONS JUDGE