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CHAMBER SUMMONS

Mr. Gilder Anthony DsilvaVsMrs. Monica Julies Kinny +2 more

CNR MHCC0100741920193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th November 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101330/2019
Registration Date
18 Jul 2019

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: 26-07-2019
    Business: Adv. A. A.  Patel for plaintiff present and filed Original CS no. 1329/19 and 1330/19.
    None present for defendant.
    Matter stands Adj for CS reply to 23.09.2019
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Plaintiff present in person and advocate absent.
    Defendant no. 4 present.
    Adv. Ugale  for defendant no. 1 to 3 and 5 present and seeks time to file reply to CS. Time granted.
    Adv. D\\\''souza for proposed Respondant no. 7 present and submitted that he will file his appearance and reply on next date. Time granted.
    Matter stands Adj for reply to CS on 1329/19 and 1330/19 to 13.11.19.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Plaintiff present in person.
    Adv. Ugale for defendant present and filed reply to CS no. 1330/19 and 1329/19. Copy served on other side.
    Matter stands Adj for CS hearing to 08.01.20.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Plaintiff present.
    Adv. Patel for plaintiff present.
    Adv. Vaishali Ugale for defendant no. 1 to 3 , 5 and 6 present.
    Adv. Parera for defendant no. 4 present and seeks time to file reply to CS no. 1329/19. Time granted.
    Adv. D\''souza for proposed defendant no. 7 present and filed VP and reply to CS no. 1329/19. He submitted that he has not been supplied with copy of plaint. Therefore, the reply is incomplete. Heard. The Ld. counsel for plaintiff is directed to supply copy of plaint to the Ld. counsel for proposed defendant no. 7. Leave granted to Advocate D-souza to file additional reply, if any, if found necessary.
    Vakalatnama filed on behalf of proposed defendant no. 7.
    Matter stands Adj for filing reply to CS on 21.02.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Court is busy in dictating Order in suit no. 2434/17 and 9750/77. Hence, board is discharged.
    Matter stands Adj for CS reply to 23.03.2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Business: adjourned
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    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: C/S REPLY
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    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: C/S REPLY
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    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: C/S REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: None present.
    The case is adjourned to 12.02.2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Plaintiff present and submits that his advocate is unable to appear as his father is sick.
    Advocate Ms. Vaishali Ugale for defendant no.1 to 3,5 and 6 present.
    Representative of respondent Society present.
    The case is adjourned to 16.03.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Advocate A.A.Patel for plaintiff present.
    Advocate Ms Vaishali Ugale for defendants 1,2,3,5 and  6 present.
    Defendant no. 4 present in person.
    Representative of respondent Society present.
    Heard advocate for Plaintiff and defendant.
    The case is adjourned to 22.03.2021  for Chamber Summons order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Advocate D\''silva for defendant No. 4 present.
    None else present.
    F.R.S.R.following order is passed
    ORDER
    1. Chamber Summons no. 1329/19 is allowed in terms of prayer clause (a).
    2. Plaintiff shall carry out necessary amendment within 4 weeks from today.
    3. Plaintiff shall serve the copy of amended plaint on existing defendant and entire proceeding on newly added defendant Society within two weeks thereafter.
    4. Plaintiff shall also supply copy of the amended plaint to the Court for the purpose of Decree.
    5. Costs in cause.
     The case is adjourned to 22.04.2021 for Chamber Summons hearing and compliance.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Adjourned due to COVID 19 pandemic.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: Court is vacant
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Matter called out at 04.23 p.m.
    Adv. Aslam Patel Reg. No. MAH/2076/2000 for plaintiff present.
    Plaintiff seeking time to file amended plaint. Time granted.
    Adv. Vaishali Ugale for Deft. No. 1 to 3, 5 and 6 present.
    Matter stands adjourned to 14.12.2021 for CS hearing.
                                                                                          Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Matter called out at 3.40 p.m.
    Adv. A. Patel for plaintiff present.  He supplied amended plaint to all the defendants.
    Adv. Vaishali Ugade for Deft. No.1, 2, 3, 5 and 6 present.
    Defendant seeking time to file additional WS.
    Adv. Dsilva Deft. No.4 present. He tendered reply to the CS. TOR.
    Copy served to the plaintiff.
    Adv. Sumedh Waghmare for Deft. No.7 present.   He tendered VP. TOR. Exh.10.
    He also tendered WS. TOR. Exh.11.
    Matter stands adjourned to 27.01.2022 for additional WS/CS
    hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Court is on Leave. Board is discharged to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Matter called out at 3.46 p.m.
    Plaintiff in person present.
    Adv. Vaishali Ugale for Deft. No.1 to 3, 5 and 6 present. She tendered additional WS. TOR. Exh.12.
    Adv. V. E. Pereira for Deft. No.4 present. He tendered additional WS. TOR. Exh.13.
    Adv. P. D. Gaikwad for Deft. No.7 present.  He is seeking time to file WS.
    Matter stands adjourned to 05.05.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Plaintiff in person present.
    Adv. Vaishali Ugale for Deft. no.1 to 3, 5 and 6 present.
    Adv. V. E. Pereira for Deft. no.4 present.
    Adv. Sumesh Waghmare for Deft. no.7 present.
    As court is busy in hearing in Kaccha. Com. 51/2022 and EA 346/17.
    Matter stands adjourned to 20.07.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Plaintiff in person present.  He is seeking time contending that the father of advocate is not feeling well. Time granted.
    Adv. Pereira for Deft. no.4 present.
    Adv.  Poonam Tiwari for Deft. no.1, 2, 3, 5 and 6 present.
    Matter stands adjourned to 07.09.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Plaintiff in person present. He tendered adjournment application. TOR. Exh.14.
    Adv. Pereira for Deft. no.4 present.
    By consent, matter stands adjourned to 22.11.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Deft. no.4 a/w Adv. Pereira present.
    Adv. Vaishali Ugale for Deft. no.1 to 3, 5 and 6 present.
    None present for plaintiff.
    Matter stands adjourned to 20.01.2023 for CS hearing/order.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Court is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Plaintiff a/w Adv. Ganesh Mirashigaonkar present. He tendered vakalatnama. TOR. Exh-15. He is seeking time. Time granted.
    Defendant No.4 a/w Adv. Pereira present.
    Adv. Vaishali Ugade for defendant No.1 to 3, 5 and 6 present.
    Representative of defendant No.7 a/w Adv. S. R. Tiwari for defendant No.7 present.
    By consent, matter stands adjourned on 13.06.2023 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Adv Ganesh Mirashigaonkar for Plaintiff present.
    Adv Vaishali Ugade for defendant nos 1,3, 5, and 6 present.
    Adv Pereira a/w defendant no. 4 present.
    Adv Tiwari for defendant no. 7 present.
    Matter stands adjourned on 02-08-2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Adv Ganesh Mirashigaonkar for Plaintiff present.
    Adv Vaishali Ugade for defendant Nos. 1 to 3, 5 and 6 present.
    Adv Parera a/w defendant no. 4 present.
    Heard arguments of both sides on Ch/s No. 1330/2019.
    Matter stands adjourned on 12-09-2023 for Ch/s order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: Adv Ganesh Mirashigaonkar a/w Plaintiff present.
    Adv Poonam Tiwari for defendant no.4 present.
    As court is busy in recording evidence in Suit No. 2992/2014, Suit No. 1037/2014 and dictating order in NM No.1810/2023 in Suit No.2763/2012(HCTB). Hence matter is adjourned.
    Matter stands adjourned on 09-10-2023 for Ch/s order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 09-10-2023
    
    Date: 09-10-2023
    Business: None for Plaintiff present.
    None for defendant present.
    Court is busy in recording evidence in Suit No. 278/2014 and Suit No. 3282/2014 and hearing in old matter i.e. Suit No. 7369/1996, Suit No. 1388/13, and Suit No. 2253/2016. Hence matter is adjourned.
    Matter stands adjourned on 07-11-2023 for Ch/s order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: None present for Plaintiff.
    None present for Defendant.
    As court is busy in evidence matters, hence adjourned on 29.11.2023 for order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 29-11-2023
    
    Date: 29-11-2023
    Business: Adv Ganesh Mirashigaonkar present for Plaintiff.
    None present for Defendant.
    F.R.S.R following order is passed on Chamber Summons No. 1330 of 2019.
    Order
    1.Chamber Summons No. 1330 of 2019 is allowed.
    2. Plaintiff is permitted to deposit Court fees relating to prayer clause  Ia  of the plaint in respect of the suit land having CTS No. 211, 211/1,211/2, 211/3, as per the market value of the property.
    3. The plaintiff shall file the valuation of the additional suit property within six weeks and deposit the Court fees accordingly.
    4. No order as to costs.
    5.  Chamber Summons No. 1330 of 2019 is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107956/2019
    Filing Date: 18-07-2019
    First Hearing Date: 26th July 2019
    Decision Date: 29th November 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Nov 2023

    Order Details: Chamber summons Pdf Text: ..1.. C.S.1330-2019 in Suit 677-2016 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO. 1330 OF 2019 (CNR NO.MHCC01-007419-2019 ) IN S. C. SUIT NO.677 OF 2016 Mr. Gilder Anthony D’silva ] .. Plaintiff Versus 1. Mrs. Monica Julies Kinny ] 2. Mrs. Stella Joseph Falcon, ] 3. Mrs. Ursula Felix Rodrigues, ] 4. Mr. John David Gonsalves (Banzo) ] 5. Mrs. Teresa Molbina Gonsalves, ] 6. Mrs. Sandra Eskina D’Penha…

    Read Full Order

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