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NOTICE OF MOTION

Flavia FernandesVsJohn Peter Fernandes

CNR MHCC01012174201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104437/2019
Registration Date
26 Nov 2019
Next Hearing Date
03 Nov 2026
Case Stage
FRAMING ISSUES

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: 26-11-2019
    Business: Matter pertain to Cr.No.09.
    Adv.Kishor Tembe a/w Adv.Amol Tembe for plaintiff present.
    Adv.Denzil Dmello a/w Adv.Srushti Thorat for defendant no.1 present.
    Adv.Dusnyant Krishnan for defendant no.2 present filed vakalatnama (Exh-6). T.O.R.
    Heard both the side on ad-interim relief.
    ORDER
    1.Ad-interim relief be granted and defendants are hereby restrained from disturbing the possession of the plaintiff till the decision of the present Notice of Motion.
    2.Parties to act on the authenticated copy.
    Matter is adj already adj to 10/12/19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    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: NM FOR HEARING
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    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: NM FOR HEARING
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: Advocate Mr. Amol Tembhe for plaintiff present
    None present for Defendants.
    Affidavit of service of writ of summons shows that writ of summons is served upon Defendant no.1 on 04/12/2019 and Defendant no.1 has filed his written statement on 24/02/2020, hence written statement filed by Defendant no.1 is accepted and marked as Exh.7.
    Plaintiff\''s advocate submitted that copy of written statement of Defendant no.1 is already served upon Plaintiff.
    It seems that due to Corona pandemic, no one is present for defendant no.2, hence case is adjourned to 20/02/2021 for no order in respect of Defendant no.1 and for NM reply by Defendant no.2.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Adv. Amol Tembhi for the plaintiff present.
    Adv. Fernandis Defendant No.1 present.
    Adv. Krishnan for Defendant No.2 present.
    Advocate for defendant No.1 file reply to NM No.4437 of 2019.
    Advocate for defendant No.2 seeks time to file reply to NM of plaintiff.
    Roznama dtd.26.11.2019 shows that ad-interim relief is granted in favour of the plaintiff whereby defendants are already restrained from disturbing possession of the plaintiff till decision of the notice of motion. Notice of Motion No.4437 of 2019 which is already tendered in the court alongwith affidavit hence, time to file reply till next date is granted to defendant No.2
    Last date for filing reply to 03.05.2021.
    Judge
    Next Purpose: REPLY
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Adv for plff present.
    Adv for deft. present
    By consent, matter is adjd. for NM hearing to 15.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv Mr. Amol Tembe present for plff.
    None present for defts.
    Deft No.2 failed to file reply in NM No.4437/2019 to proceed without reply of deft No.2.
    Interim relief is already granted in favour of plff till decision of NM no.4437/2019.
    Matter is adjd. for NM hearing to 21.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Adv Ms. Jain h/f Adv Tembe present and seeks time to file affidavit in rejoinder in NM No.4437/2019.
    None present for deft.
    As nobody is present for the  deft, time till next date is granted.
    Matter is adjd. for NM rejoinder and hearing to 22.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Adv Mr. Tembe  present for plff. and filed affidavit in rejoinder in NM No.4437/2019. He submitted that copy of rejoinder is
    None present for deft No.1.
    Adv Mr. Krishnan present for deft.No.2
    K.B.
    L.O. at 4.25 p.m.
    Same appearance as above.
    Advocate for deft No.2 submitted that deft No.2 has already sent  E-mail which is kept on record of connected suit No.270/2020 that deft No.2 does not want to file reply in NM No.4437/2019.
    Ad-interim relief is already granted in favour of plff previously till disposal of said NM.
    Matter is adjd. for NM hearing to 06.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv.Isha Jain h/f.Adv.Amol Tembe for plaintiff present.
    None for defendant.
    Plaintiff orally requested time. Defendant absent, hence, time granted.
    Matter adjd to 14.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv.Karen Koya i/b.Denzil Dmello for deft.No.1 present. She requested for adjournment.
    Representative of Advocate\''s plaintiff Mr.Gaurav Jain present.
    Matter adjd to 10.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2022
    
    Date: 14-09-2022
    Business: Adv.Karen Koya i/b.Denzil Dmello for deft.No.1 present. She requested for adjournment.
    Representative of Advocate\''s plaintiff Mr.Gaurav Jain present.
    Matter adjd to 10.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Adv.Amol Kishor Tembe for plaintiff present.
    None present for defts. As the defendants are absent, adj. to 25.01.2023 for hearing of NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2023
    
    Date: 10-11-2022
    Business: Adv.Amol Kishor Tembe for plaintiff present.
    None present for defts. As the defendants are absent, adj. to 25.01.2023 for hearing of NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: None for both sides when called.
    Court is busy in passing judgment in suit no. 6380/03, passing order in NM Nos. 3468/22 in suit no. 1942/2022, NM 3623/22 in suit no. 2118/22. Hence adjourned.
    Matter adj. to  30/03/2023  for NM hearing
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Adv.Amol Tembe for plaintiff present.
    None present for defendant.
    KB
    LO at 04.30 pm
    Adv.Amol Tembe for plaintiff present.
    Partly heard Adv.for plaintiff in NM 4437/19.
    Matter adj. to 26.04.2023 for further hearing in NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Amol Tembe for plaintiff present.
    None present for defendant.
    Kept back.
    later on called out at 4.14 p.m.
    Adv. Amol Tembe for plaintiff present.
    None present for defendant.
    Adjourned as another suit in respect of same property in on 27.06.2023.
    Matter adj. to 27.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: CORAM H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
    Adv. Gaurav Jain h/f Adv. Amol Tembe for plaintiff present.
    None for defendant.
    Matter is adjd. to 25-10-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2023
    
    Date: 12-09-2023
    Business: CORAM H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
    Adv. Gaurav Jain h/f Adv. Amol Tembe for plaintiff present.
    None for defendant.
    Matter is adjd. to 25-10-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 18-12-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: Adv. Amol Tembe for plaintiff present.
    None for defendant
    Matter is adjourned to 29-01-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2024
    
    Date: 29-01-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: Adv. Nishi Naval for plaintiff present.
    None for defendant
    Matter is adjourned to 10-04-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2024
    
    Date: 10-04-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: Adv. Amol Tembe for plaintiff present.
    None for defendant
    On oral request of  plaintiff counsel short time is granted for NM Hrg.
    Matter is adjourned to 23-07-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: Adv. Amol Tembe for plaintiff present.
    None for defendant.
    Matter is adjourned to 21-10-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2024
    
    Date: 04-09-2024
    Business: Adv. Amol Tembe for plaintiff present.
    None for defendant.
    Matter is adjourned to 21-10-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2024
    
    Date: 21-10-2024
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-11-2024
    
    Date: 21-10-2024
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: None for plaintiff.
    None for defendant.
    Court is busy in passing the orders in NM Nos.2562/2021, 3910/2024, 1853/2023, 1045/2023 and CS No. 759/2024, 1153/2024 so order could not be passed.
    Matter is adjourned to 07.12.2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-12-2024
    
    Date: 07-11-2024
    Business: None for plaintiff.
    None for defendant.
    Court is busy in passing the orders in NM Nos.2562/2021, 3910/2024, 1853/2023, 1045/2023 and CS No. 759/2024, 1153/2024 so order could not be passed.
    Matter is adjourned to 07.12.2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: None for plaintiff.
    None for defendant.
    Due to paucity of time order could not be passed.
    Matter is adjourned to 24.12.2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-12-2024
    
    Date: 07-12-2024
    Business: None for plaintiff.
    None for defendant.
    Due to paucity of time order could not be passed.
    Matter is adjourned to 24.12.2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: None for plaintiff present.
    None for defendant.
    Matter is adjourned to 21-01-2025 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: Adv. Nishi Naval for plaintiff present.
    None for defendant.
    Matter is adjourned to 11.02.2025 for re-argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-02-2025
    
    Date: 11-02-2025
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: Adv. Amol Tembhe for plaintiff present.
    None for defendant.
    Matter is adjourned to 13.03.2025 for  NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-03-2025
    
    Date: 13-03-2025
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-04-2025
    
    Date: 02-04-2025
    Business: Adv. Nisha Naval h/f. Adv. Amol Tembe present for plaintiff.
    None present for defendant.
    at the request of plaintiff advocate.
    Matter is adjourned for NM hearing to 07-07-2025 .
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-07-2025
    
    Date: 07-07-2025
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-08-2025
    
    Date: 05-08-2025
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-09-2025
    
    Date: 08-09-2025
    Business: Adv. Amol Tembe for plaintiff present.
    None for defendant.
    Matter is adjourned to 16.09.2025 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 29-09-2025
    
    Date: 29-09-2025
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-10-2025
    
    Date: 06-10-2025
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-10-2025
    
    Date: 15-10-2025
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 20.11.2025 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-11-2025
    
    Date: 20-11-2025
    Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
    Adv. Nishi Naval for plaintiff present.
    None for defendant.
    Matter is adjourned to 10-12-2025 for NM hearing.
                                                                                            Judge
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-12-2025
    
    Date: 10-12-2025
    Business: Adv. Amol Tembe for plaintiff present.
    None for defendant.
    Advocate for the plaintiff submits that notice of motion be taggedd with the suit. The interim order passed in Notice of Motion on 26/11/2019 restraining the defendant from disturbing the possession of the plaintiff till the decision of notice of motion is continued and extended till the disposal of this suit.
    Matter is adjourned to 08.01.2026 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-01-2026
    
    Date: 08-01-2026
    Business: Adv. Nishi Naval for plaintiff present and sought time to file draft issues.
    None for defendant.
    Matter is adjourned to 24.02.2026 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: Matter pertain to C. R. No. 62.
    Not on board, taken on board.
    Considering the nature of suit, there appears elements of settlement. Hence, matter be referred to mediation
    Matter is adjourned to 24-02-2026 for Mediation Report/Draft Issues.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-02-2026
    
    Date: 24-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    Adv. Nishi Naval i/b Adv. Amol Tembe for plaintiff present.
    None for defendant.
    Matter is adjourned to 28.04.2026 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 28-04-2026
    
    Date: 28-04-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    Matter called at 11.10 am
    None for plaintiff.
    None for defendant.
    Matter is adjourned to 20.08.2026 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-08-2026
    
    Date: 20-08-2026
    Business: None for plaintiff present.
    None for defendant.
    Matter is adjourned to 16/09/2026 for Framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-08-2026
    
    Date: 28-08-2026
    Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
    NOT ON BOARD TAKEN ON BOARD.
    There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat on court motion scheduled on 12-09-2026 for amicable settlement.
    Matter is adjourned to 16-09-2026 for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-09-2026
    
    Date: 16-09-2026
    Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
    None for plaintiff.
    None for defendant.
    Matter is adjourned to 03.11.2026 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 113024/2019
    Filing Date: 26-11-2019
    First Hearing Date: 26th November 2019
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    26 Nov 2019

    Order Details: Notice of Motion Pdf Text: NM 4437-19 in S.C.Suit No. 2978-2019 1 Date : 26.11.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 4437 OF 2019 IN S.C. SUIT NO. 2978 OF 2019 (CNR NO.MHCC010121742019 ) Flavia Fernandes & Anr. .. Plaintiffs Versus John Peter Fernandes & Anr. .. Defendants Appearances : Ld. Adv. Kishor Tambe @ Adv. Amol Tambe for plaintiff present. Ld. Adv. Denzil D’Mello @ Adv. Srushti Thorat for defendant…

    Read Full Order
    Order 1Full order available
    26 Nov 2019

    Order Details: Notice of Motion Pdf Text: NM 4437-19 in S.C.Suit No. 2978-2019 1 Date : 26.11.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 4437 OF 2019 IN S.C. SUIT NO. 2978 OF 2019 (CNR NO.MHCC010121742019 ) Flavia Fernandes & Anr. .. Plaintiffs Versus John Peter Fernandes & Anr. .. Defendants Appearances : Ld. Adv. Kishor Tambe @ Adv. Amol Tambe for plaintiff present. Ld. Adv. Denzil D’Mello @ Adv. Srushti Thorat for defendant…

    Read Full Order

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