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NOTICE OF MOTION

Mr. Victor Sebastian Dsouza - Suit St. No. 8604 of 2019VsWilliams Marshall Dmello And Ors

CNR MHCC01008302201911-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 16th November 2019

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103041/2019
Registration Date
08 Aug 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: 08-08-2019
    Business: Advocate Tiwari for plaintiff present filed original Notice of Motion No.3041/19  along with affidavit in support of Notice of Motion. T.O.R.
    Advocate Pareira for defendant no.1 present and filed reply to oppose ad-interim hearing. TOR.
    Advocate  Giri for defendant/MCGM present.
    Advocate for plaintiff sought time for ad-interim hearing.
    The plaintiff is directed to get the suit registered failing which further orders will follow.
    The case is adjourned to 20.08.2019 for ad-interim hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Advocate Nilesh Pandey for plaintiff present.
    Advocate Pareira for defendant no.1 present.
    Advocate M.R. Yadav for defendant no. 2 present and filed vakalatnama. TOR and marked as Exh. 4. Adv. Yadav sought time to file reply as he has received the papers today itself. Advocate for defendant no. 2 shall serve the copy of reply on the plaintiff well in advance.
    Advocate Ms. Mhatre  for defendant/MCGM present.
    Parties are put to notice that on 27.08.2019 the NM will be heard for ad-interim relief at 2.45pm.
    The case is adjourned to 27.08.2019 for ad-interim hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: Advocate Nilesh Pandey for plaintiff present and sought time.
    Advocate Pariera for defendant no.1 present and sought time as he is not feeling well.
    Advocate M.R.Yadav for defendant no. 2 present and sought time to file reply.
    Advocate Ms. Mhatre  for defendant/MCGM present and undertakes to file reply by next date.
    By consent, the case is adjourned to 17.09.2019 for ad-interim hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Advocate Nilesh Pandey for plaintiff present.
    Advocate Pareira for defendant no. 1 present.
    Advocate M.R.Yadav for defendant no.2 present and submitted that some of the documents forming part of plaint are not served on defendant no. 2. Advocate Pandey  undertakes to supply the copies of those documents to advocate for defendant no. 2. The statement is accepted.
    Advocate Giri for defendant/MCGM present and filed reply to NM. TOR.
    He supplied the copy of reply to advocate for plaintiff and advocate for defendant no. 2.
    Advocate for defendant no. 2 is directed to file reply to NM on next date without fail.
    The case is adjourned to 24.09.2019  for ad-interim hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Advocate Nilesh Pandey for plaintiff present and submitted that the execution proceedings, concerned with present suit, are pending before another Court. He intends to move the Hon\''ble Principal Judge, City Civil Court to place the suit and the execution proceedings before one and the same Court. He also submitted that NM can be heard finally. He sought time to submit an application before the Hon\''ble Principal Judge.
    Advocate Pareira for defendant  no. 1 present.
    Advocate M.R.Yadav for defendant no. 2 present and filed reply of NM. TOR.
    Advocate Ms.Mhatre for defendant/MCGM present.
    Considering submissions time is granted. Plaintiff shall get the suit registered on or before the next date failing which further orders will follow.
    The case is adjourned to 10.10.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Advocate Nilesh Pandey for plaintiff present and submitted that the application for transfer of the suit and execution proceedings before one and the same Court will be moved before the Hon\''ble Principal Judge in a day or two. He sought time. Time is granted.
    Advocate Pareira for defendant no. 1 present.
    Advocate Ms. Mhatre for defendant/MCGM present.
    The case is adjourned to 05.11.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: The case is adjourned to 21.11.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: By Precipee.
    Adv. Mr. Nilesh Pande for Plaintiff present.
    Adv. Mr. Parera for deft no.1 present.
    Adv. Mr. M.R. Yadav for deft no.2 present.
    Adv. Ms. Mhatre for defendant/MCGM present.
    Exh.5- List of document filed by adv. Ms. Mhatre for deft/MCGM.
    Argument of both side partly heard.
    Matter is adjd.for argument on NM on 15.11.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Adv. Mr. Nilesh Pande for Plaintiff present.
    Adv. Mr. Parera for deft no.1 present.
    Adv. Mr. M.R. Yadav for deft no.2 present.
    Adv. Mr. Giri for defendant/MCGM present.
    Adv. Mr. Pande for plaintiff, requested for ad-interim injunction before arguments of Adv. Mr. Parera.  It is requested to pass immediate order at 3.15 p.m. before arguments of deft.
    Adv. Mr. Parera has argued from 4.15 to 4.45 p.m.
    The arguments of Adv. Mr. Pande in two days heard for about two and half hours in three sitting.
    There is reference of earlier various proceeding and two orders of The Hon\''ble H.C. In such Event no urgent order in two lines can be given when adv. For plaintiff argued at length. Now it is 5.00 P.M and posted for order on 16.11.2019.
    The chart of description and sale deed of suit property is not filed by plff., as requested to plff.
    There is common argument in four Civil Suit.
    Matter is adjd.for order on NM on 16.11.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: Adv. Mr. Vipin Tiwari adv. for Plaintiff present.
    Adv. Ms. Mhatre for deft/MCGM present.
    Exh.6- Chart filed by plaintiff at 12.15 p.m.
    Exh.7- List of documents.
    LD adv. Mr. Nilesh Pande submits that plaintiff intend to plaintiff written notes of argument and bunch of case laws.
    The order is completed by this court at 1.50 p.m., as follows, now pronounced and uploaded.
    F.R.S.R. following order is passed on NM no.3041/19.
                                       ORDER
    1. Notice of Motion no. 3041/19 in stamp no.8604/19 stands rejected.
    2.  Notice of Motion no. 3041/19 in stamp no.8604/19 is disposed of accordingly.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 16-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 108833/2019
    Filing Date: 08-08-2019
    First Hearing Date: 08th August 2019
    Decision Date: 16th November 2019
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Nov 2019

    Order Details: Notice of Motion Pdf Text: N/m No. 3041/19 in St. No. 8604/19. 1 Common Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3041 OF 2019 (CNR NO. MHCC010083022019) IN STAMP NO. 8604 OF 2019 Mr. Victor Sebastian D'souza ...Plaintiff Versus Williams Marshall D'mello & Others ...Defendants AND NOTICE OF MOTION NO. 3042 OF 2019 (CNR NO. MHCC010083032019) IN STAMP NO. 8605 OF 2019 Mr. Vinod Dhanji Ravat ...Plaintiff Versus Williams Marshall D'mello &…

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