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NOTICE OF MOTION

Merwyn J. FernandesVsDr. Eustic Fernandes And Ors

CNR MHCC0100996420197-COURT 07 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 30th January 2020

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103649/2019
Registration Date
30 Sept 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: 14-10-2019
    Business: Adv. G.C. Singh for plff. present.
    Adv. M.R. Irani for deft.no.4,7(a),(b),7(d/1) to 7(d/3) and 7(e) present.
    Plff. tendered reply on N/M No.3649/19.
    Copy served to the other side.
    Adv. for deft. seeking time for hearing on N/M No.3649/19.
    O - Time is granted.
    Matter is adjd. to 17.10.2019 for hearing on N/M No.3649/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Matter called out(01.30pm)
    Adv.G.C.Singh for plaintiff present.
    Adv.Mehezan Iran for defendant no.7(b),7(c) and 7(d-1) to 7(d-3) and 7(e) present.
    Heard both the side on exhibiting of the document.
    Defendant.no.7(e) filed evidence of affidavit Exh-45 alongwith the document as per list Exh-46, after hearing following documents are exhibited.
    1. Original deed of transfer dated 22/02/1936 alongwith original receipt number 1214, it is marked as Exh-47(Colly) (After verifying original is return to the witness)
    2. Certified copy of Index-II, it is marked as Exh-48.
    3. Death certificate of Seasar Fernandes, it is marked as Exh-49.
    4. Certified copy of extract of City survey sheet no.88 of city survey no.D/978 and D/979, it is marked as Exh-50
    5. Certified copy of property card, it is marked as Exh-51.
    6. Assessment bill of property for year 1997-98 and 2017-2019 with receipt, it is marked as Exh-52(Colly)
    7.Death certificate of Weasar Fernandes, it is marked as Exh-53
    8.Certified true copy of PR card of city survey no.D/978, it is marked as Exh-54.
    Matter is adj to 19/12/19 for cross-examination of DW-7 and Matter is adj on 28/11/19 for hearing on N/M No.3649/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Matter called out(2.56pm)
    Adv.Shweta Singh i/b G.C.Singh for plaintiff present.
    Adv.Mehezan Iran for defendant no.7(b),7(c) and 7(d-1) to 7(d-3) and 7(e) present.
    Plaintiff is directed to supply the photograph on which they are relying to the other side.
    Matter is adj to 19/12/19 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Matter is called out at 2.57pm
    Adv.Richa Singh for plaintiff present filed photographs as per list. (Exh-55)
    Adv.Mehezan Irani for defendant no.7,7A to 7E present.
    Matter is adj to 29/01/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Matter is called out at 4.21pm
    Adv.G.C.Singh a/w Shweta Singh for plaintiff present.
    Adv.Mehezan Iran for defendant no.7(b),7(c) and 7(d-1) to 7(d-3) and 7(e) present.
    Heard Ld.Adv. for plaintiff.
    kept back.
    Second time matter is called out at 5.09pm
    Adv.G.C.Singh a/w Shweta Singh for plaintiff present.
    Adv.Mehezan Iran for defendant no.7(b),7(c) and 7(d-1) to 7(d-3) and 7(e) present.
    Heard Ld.Adv. for defendant.
    Matter is adj to 30/01/2020 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Matter is called out at 2.47pm
    Plaintiff in person present.
    Defendant and his advocate absent.
    F.R.S.R following order is passed on N/M No.3649/19.
    ORDER
    1.Notice of Motion No. 3649 of 2019 is hereby dismissed with cost.
    2.Notice of Motion No. 3649 of 2019 is disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 30-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 110573/2019
    Filing Date: 30-09-2019
    First Hearing Date: 14th October 2019
    Decision Date: 30th January 2020
    Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Jan 2020

    Order Details: Notice of Motion Pdf Text: NM 3649-19 in Suit no.7818-1996 H.C.Suit No. 2443 of 1996 1 Date :30.01.2020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 3649 OF 2019 IN SUIT NO. 7818 OF 1996 H.C. SUIT NO. 2443 OF 1996 (CNR MHCC01 0099642019 ) Merwin Joseph fernandes .. Plaintiff Versus Dr. Eustic Fernandes & Ors. .. Defendants Appearances : Adv.G.C.Singh a/w Shweta Singh for plaintiff. Adv.Mehezan Iran for defendant no.7(b),7(c) and 7(d1)…

    Read Full Order

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