Flavia Fernandes +1 moreVsJohn Peter Fernandes

Date: 28-11-2019
Business: Adv. Amol Tembe present for plaintiff and requested for issuance of writ of summons.
O- Issue witness summons as per rules.
Case is adjourned to 14/01/2020 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Advocate Mr. Ish Jain for Plaintiff present
None present for Defendant.
Court is busy in recording evidence in suit no.6775/00 and court has to hear final argument in suit no.8472/86, case is adjourned to 17/03/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: None present for Plaintiff.
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 11/06/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 06/08/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 19/12/2020 for NM hearing.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Advocate Mr. Amol Tembhe for plaintiff present and submitted that when Plaintiff has made efforts to serve writ of summons upon Defendant on the address shown in the plaint, Plaintiff came to know that Defendant has left said address hence Plaintiff is intending to take out Chamber summons to bring on record the present address of Defendant.  Plaintiffs advocate submitted that said Chamber summons will be filed on next date.  Considering submission adjourned.
None present for Defendant.
Case is adjourned to 20/02/2021 for steps by Plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Adv Ms. Nisha Jain i/b Adv Mr. Amol Tembe for plff present and seeks adjournment. O- Granted till next date.
None present for deft.
Matter is adjd. for steps to 07.06.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Presiding Officer is on half day leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv Ms. Isha Jain i/b Adv. Amol Tambe present.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Adv for plff. filed affidavit of service of writ of summons at Exh.5.
Service is not proper. Adv. for plff seeks time to take steps to correct the address of the deft.
Matter is adjd. for steps to 13.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv Mr.Amol Tembe for plff present and filed draft Ch/s along with affidavit in support. Heard. Deft is yet to be served with the writ of summons. The schedule annexed to the draft Ch/s shows that plff wants to amend the title clause of the plaint by giving the present address as well as one additional address of the deft. Considering it, considering the fact that deft is yet to be served with writ of summons and the statements made in the affidavit filed in support, draft Ch/s is allowed as prayed. Necessary amendment as per the schedule shall be carried out within two weeks from today.
After carrying out the amendment, plff shall serve writ of summons under O-8 R-1C.P.C. on the deft.
Draft Ch/s be got registered for statistical purposes.
Matter is adjd. for compliance and service of writ of summons. To 21.02.2022.
Judge
L.O.
Adv for the plaintiff tendered registered Ch/s No.1845/2021 along with affidavit in support which is already disposed off as allowed earlier today.
Suit is already adjd. to 21.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Adv Ms.Jain h/f Adv Tembe present for plff. and seeks adjournment for effecting service of writ of summons.
None present for deft.
Ch/s No.1845/2021 is already disposed off yet it is shown pending in the CIS. It be marked in the CIS as already disposed off on 13.12.2021.
Matter is adjd. for service to 22.04.2022.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Adv Ms. Isha Jain i/b Adv Tembe present for plff. and seeks time to file affidavit of service of writ of summons by submitting that postal acknowledgment is not received till date.
None present for deft.
Matter is adjd. for affidavit of service of writ of summons to 06.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Adv.Isha Jain h/f.Adv.Amol Tembe for plaintiff present. She orally requested time for filing service affidavit.
Matter adjd to 06.09.2022 for service affidavit.
Judge
LO at 01.30 pm,
Adv.Austin Fernandes present and filed vakalatnama to Adv.Denzil Dmello for deft. t.o.r. and marked as Exh.
Matter adjd to 06.09.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv. Isha Jain i/b  Adv. Amol Tembe for plaintiff present.
Adv. Fernandez for defendant present.
Plaintiff requested to time to file service affidavit matter adjd to 21.11.2022 for affidavit of service.
Judge
LO at 11.55 am
Adv. Isha Jain i/b. Adv.Amol Tembe for plaintiff present. She filed service affidavit t.o.r. and marked as Exh.7.
Matter adjd to 21.11.2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Adv.Amol Tembe for plaintiff present.
Adv.Fernandes for defendant present.
Sufficient time has been availed by the Deft. Written statement is not filed. Hence, no written statement by the defendant. The Ld.Adv.for the defendant requested for time to file written statement. No notice of motion for condonation of delay is filed. Defendant to take necessary steps. Suit to proceed without written statement.
Matter adj. to 10.02.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv.Amol Tembe for plaintiff present.
None present for defendant.
Read roznama dated 21.11.2022. Suit is already proceeded without written statement of defendant. No steps are taken by the defendant to file the written statement, hence, suit is adjourned for evidence.
Matter adjd to 10.07.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv. Gaurav jain h/f Amol Tambe for plaintiff present.
None for defendant
the ld. Counsel appearing for the plaintiff would make submission that the plaintiff being in Australia , his affidavit of examination in chief can not be filled today and hence he would seek time for the same. Considering the reason the matter is adjd. to 04-09-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: Adv. Gaurav Jain for plaintiff present and prayed for adjournment.
None for defendant
Matter is adjd.to 30-10-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Adv. Gaurav Jain for plaintiff present
None for defendant
Matter is adjd.to 07-12-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Adv. Nishi Naval for plaintiff present
None for defendant
The Ld. Counsel for  plaintiff filed application seeking adjournment taken on record marked as Exh.8
O- allowed as a last chance.
Matter is adjourned to 22-01-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: Adv. Amol Tembe for plaintiff present and filed adjournment  application to adduce evidence of plaintiff on the ground that plaintiff is a senior citizen aged about 89 years and she being residing in Australia unable to visit Mumbai to adduce evidence t.o.r. marked as Exh.9
None for defendant
From the perusal of the record, it appears that  the matter is posted for evidence of plaintiff since 12-04-2023 but the plaintiff is avoiding to adduce evidence on the similar ground. It also appears that there is other plaintiff namely Mr. Antonio Fernandes whose age is shown as 59 years and who is shown to be carrying on business in North Goa. In view of the matter the plaintiffs are granted adjournment as a last chance subject to payment of cost of Rs. 1000/- to be payable to District Legal Services Authority Mumbai.
Matter is adjourned to 07-03-2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Adv. Amol Tembe for plaintiff present and filed evidence affidavit of PW-1 Mr. Antonio Fernandes along with list of documents. The said affidavit is  taken on record and marked as Exh. 10 and List, Exh. 11 .
None for defendant
Matter is adjourned to 24-04-2024 for Hrg on admissibility of documents.
Next Purpose: HEARING
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Adv. Nishi Nawal h/f Adv. Amol Tembe for plaintiff present.
Adv. Mendonca for defendant present.
Matter is adjourned to 25-06-2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: Adv. Gaurav Jain for plaintiff present.
None for defendant.
Matter is adjourned to 12-08-2024 for hrg on admissibility of documents.
Next Purpose: HEARING
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: None present for both sides.
Matter is adjourned to   13-09-2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: Adv. for plaintiff present.
None for defendant.
Matter is adjourned to 22-10-2024 for hearing on admissibility of document.
Next Purpose: HEARING
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: Adv. Nishi Naval h/f Adv. Amol Tembe for plaintiff present.
None for defendant.
Matter is adjourned to 05.12.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 05-02-2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: Adv. Amol Tembe for plaintiff present.
None for defendant.
Matter is adjourned to 11.04.2025 for hearing on admission and denial of documents.
Next Purpose: FOR___________________
Next Hearing Date: 11-04-2025

Date: 11-04-2025
Business: Adv. Amol Tambe for plaintiff present.
None for defendant.
The advocate for defendant failed to file reply on Exh.11. Hence, Exh.11 proceed without reply and kept for argument.
Matter is adjourned to 07.7.2025 for order on admissibility document.
Next Purpose: ORDER
Next Hearing Date: 07-07-2025

Date: 07-07-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 10-07-2025

Date: 10-07-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 19-07-2025

Date: 19-07-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: Adv. Amol Tembe for plaintiff present.
None for defendant.
KB
Adv. for plaintiff has requested to Exhibit the following documents filed along-with the suit.
The defendant is absent though called.
Sr. No.
Nature of documents
Exhibit
1.
Xerox copy of Electricity Bill dtd. 22.11.2017 of the meter in the suit premises. (This is public document so exhibited)
Exh.12
2.
Xerox copy of Electricity Bill dtd. 23.03.2019 of the meter in the suit premises. (This is public document so exhibited)
Exh.13
3.
Xerox copy of Adhar Card of plaintiff No. 2. (This is public document so exhibited)
Exh.14
4.
Xerox Copy of driving licence of plaintiff No. 2. (This is public document so exhibited)
Exh.15
5.
Xerox copy of letter dtd.07.03.2016 issued by the defendant.
Exh.16.
6.
Certified true copy of the certificate of incorporation dtd.13.07.2010 of Casablanca Beach Resorts LLP. (This is public document so exhibited)
Exh.17
7.
Original passbook of Citizen Credit Co-operative Bank Limited. (This is public document so exhibited)
Exh.18.
8 to 14
Original 07 vouchers dtd.03.09.2018 signed by Siddhi Bhuwad. (Page No. 14 to 20)
Exh.19 Colly.
15.
Original Bill dtd.08.10.2018 issued by Rajesh Hire. (This document is the receipt for the works carried out by the plaintiff in the suit premises.)
Exh.20.
16.
Floor Plan of the first floor of the building Matvia.
Exh.21.
17.
Certified true copy of the gift deed dtd.15.01.2016 issued by the Sub-Registrar Office.
Exh.22.
18.
Certified copy of the roznama dtd.08.11.2017 to 11.04.2019 of the suit No. 2442/2017 pending in the City Civil Court No. 66.
Exh.23 Colly.
19.
Xerox copy of the plaint in suit no.2442/2017.
Exh.24
20.
Xerox copy of the written statement in suit no.2442/2017.
Exh.25.
21.
Photographs (Pg. No. 146) to show the possession of the plaintiff.
Exh.26 Colly.
22.
Photographs (Pg. No.155 to 164) to show the possession of the plaintiff.
Exh.27 Colly.
23.
Original affidavits of Witnesses – Mr. Netaji Yelavi, Rajesh Hire, Siddhi Bhuwad, Sanjeev Vaz, Christopher Malkani, Steven D’Souza, Saloni Bhosale, Clarita D’Silva, Mrs. Sharena Fernandes, Mrs. Fern Gomez, John Bell  etc.
Exh.28 Colly. to  38 Colly.
24.
Copy of online complaint filed on the Website of Mumbai Police.
Exh.39.
25.
Certified copy of the order dtd.18.07.2019 passed in Suit no.2442/2017.
Exh.40
26.
Copy of list of the belongings of the plaintiff lying in the suit premises.
Exh.41
27.
Certificates U/s. 65-B of the Indian Evidence Act in support of the photographs (Exh.26 and 27).
Exh.42
Matter is adjourned to 20.08.2025 for cross-examination of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: Adv. Amol Tembe for plaintiff present.
The advocate for plaintiff submits that the plaintiff No. 2 resides in Australia. He will be present in the court on 16, 17, 18 September 2025 in the court. He has requested the matter to be kept on 16-09-2025.
None for defendant.
Matter is adjourned to 16-09-2025 for Cross-examination of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: Adv. Amol Tembe along-with plaintiff No. 2 Antonio Fernandes present.
None for defendant.
The plaintiff No. 2 has filed his affidavit of examination-in-chief on 07.03.2024. The defendants are absent since 2021. The defendants have failed to cross-examine the plaintiffs. “No cross-examination” order is passed against the defendants. The plaintiffs have closed their evidence. The suit has already proceeded without written statement of the defendants on 21.11.2022. One opportunity is given to the defendants to lead their evidence if any on next date.
Advocate for plaintiff filed evidence closing pursis. It is taken on record and marked as Exh.43.
Matter is adjourned to 01.11.2025 for the evidence of the defendants.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-11-2025

Date: 01-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 10.12.2025 for evidence of defendants.
                                                                                        Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: Adv. Amol Tembe for plaintiff present.
None for defendant.
The defendant is absent since 2021. No Cross Examination Order is already passed against the defendant. The plaintiffs have closed their evidence. The defendant has failed to lead his evidence despite sufficient opportunity. So the evidence of the defendant is closed. The suit is posted for the final arguments.
Matter is adjourned to 20.12.2025 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2025

Date: 20-12-2025
Business: Adv. Amol Tembe for plaintiff present.
None for defendant.
Heard arguments of advocate for plaintiff .
Matter is adjourned to 22.12.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-12-2025

Date: 22-12-2025
Business: Adv. Amol Tembe for plaintiff present.
None for defendant.
Matter is adjourned to 23.12.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-12-2025

Date: 23-12-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 24.12.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-12-2025

Date: 24-12-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 07.01.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: Adv. Amol Tembe for plaintiff present.
None for defendant.
At the request of the advocate for plaintiff, matter adjourned.
Matter is adjourned to 17.01.2026 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: P.O.is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2026

Date: 27-01-2026
Business: As Court is vacant, hence matter adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Amol Tembe for plaintiff present.
None for defendant.
Heard final arguments of advocate for plaintiff.
Matter is adjourned to 02.03.2026 for Ex-parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: Court is on leave.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-03-2026

Date: 06-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
None for plaintiff.
None for defendant.
Kept Back.
Later on at 12.40 pm
Adv. Nishi Naval i/b Adv. Amol Tembe for plaintiff present.
None for defendant.
Matter is adjourned to 27.04.2026 for Ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.20 am
Adv. Nishi Naval i/b Adv. Amol Tembe for plaintiff present and seek adjournment.
None for defendant.
Matter is adjourned to 10.06.2026 for Ex-parte Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.26 am
Adv. Amol Tembe for plaintiff present.
None for defendant.
Kept Back.
Later on at 11.50 am
Adv. Amol Tembe for plaintiff present.
None for defendant.
Heard arguments of advocate for plaintiff.
Matter is adjourned to 18.07.2026 for Ex-parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: P.O.is on leave
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-07-2026

Date: 27-07-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Amol Tembe for plaintiff present and seek time for final arguments. Time granted.
None for defendant.
Matter is adjourned to 19.08.2026 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-08-2026

Date: 19-08-2026
Business: P.O. IS ON LEAVE.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 03.10.2026 for Ex-parte Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-10-2026

CHAMBER SUMMONS/101845/2021

Registration Number: 102901/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 111264/2019
Filing Date: 15-10-2019
First Hearing Date: 28th November 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE