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CHAMBER SUMMONS

John Dsouza s/o Agapito FelixVsAnnie Philip Fernandes and Ors.

CNR MHCC0101222820196-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 17th June 2026

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102134/2019
Registration Date
27 Nov 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: 03-12-2019
    Business: Plaintiff is present and his advocate is absent,
    Advocate Ms. Dhuri for defendant/BMC present.
    Adjourned for Reply on Ch/s/R.E. to 09/01/2020.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Defendant no. 2 present and her advocate absent.
    Advocate for plaintiff present.
    He tendered draft Ch/s along with affidavit.
    O-Leave is granted to register draft Ch/s.
    Copy served to other side.
    Advocate for defendant no. 5, 7 present.
    Advocate Sutar for defendant/BMC present.
    Ld. Adv. for def/BMC requested time for filing reply.- Granted.
    Adjourned for Ch/s Reply to 29/02/2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Plaintiff present and his advocate absent.
    He filed copy of death certificate of def. no. 1.
    Plaintiff is directed to register the Ch/s and file.
    Advocate for defendant no. 2 present
    She filed vakalatnama. (Exh-38)
    Advocate Sutar for defendant/BMC present.
    Adjourned for Ch/s Hearing to 31/03/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of extension 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  HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-07-2020
    
    Date: 24-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Advocate for plaintiff present.
    Advocate  for deft/BMC present.
    Advocate for defendant no.2 present.
    Adjourned for C/S Hearing to 24-02-2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Plaintiff present and his advocate absent.
    Defendant no. 2 present.
    Advocate for deft/BMC present.
    Court busy in hearing argument in Suit no. 182/2020 and Suit No. 1634/2008.
    Adjourned for Ch/s hearing to 31/03/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Adjourned due to Covid-19.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Plaintiff present.
    Advocate for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd to 04.10.2021 for C/S Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Advocate Aparna Sonawane instructed by B.A.Barot for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Advocate Redekar for Defendant No. 2 present.
    Advocate for plaintiff filed Vakalatnama t.o.r. Marked as Exh. 39
    Advocate for plaintiff also filed draft Ch/s @ affidavit in support, t.o.r.
    O – Leave granted to register Ch/s.
    Advocate for plaintiff Submitted registered Ch/S 1243/2021.
    Advocate for defendant filed reply on Ch/S 1243/21
    Heard argument on both side on Ch/S 1243/2021
    Following Separate order passed on Ch/S.
    ORDER
    1.The  Chamber Summons No. 1243/2021 is  allowed.
    2.The delay caused for bringing legal heirs of deceased plaintiff is condoned in the interest of justice.
    3.The proposed amendment shall be carried out in the plaint within 14 days from today.
    4.The Chamber Summons No.1243/2021 is disposed off.
    Adjd for Compliance to  10.11.2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is on Leave
    Adjd for Compliance to 21.01.2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjd for Compliance to 18.02.2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Advocate for plaintiff present and filed registered Chamber summon No. 415/2020
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for Ch/s Reply to  02.03.2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Advocate D.A. Barot  for plaintiff present.
    Advocate Achala Hatodi for Defendant No. 2 present and filed reply to  Ch/s N. 415/2020
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Heard argument on both sides on Ch/s No. 415/2020
    Adjd for Ch/s Order No.415/2020  to 04.03.2022
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Advocate D.A. Barot for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Following separate order passed on Chamber summons No. 415/2020
    ORDER
    1. The Chamber Summons No. 415/2020 is allowed.
    2. The proposed amendment shall be carried out in the plaint as per the schedule annexed with the chamber summons within 14 days from today.
    3. The Chamber Summons No. 415/2020 is disposed off.
    Adjd for Compliance to  17.03.2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Advocate for plaintiff present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Plaintiff is directed to file amendment copy of plaint till next date.
    Adjd for Compliance to  15.06.2022.
    L.O. 3.30 p.m.
    Advocate Mendonca for defendant No. 1a, 1b and 1c present and submitted that he will file Vakalatnama on next date.
    Plaintiff present.
    Plaintiff is directed to file copy of amendment plaint in the court and serve the entire document relating to suit to defendant 1a, 1b  and 1c.
    Adjd for Compliance/ Additional Written statement to 15.06.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: As court is on leave. Board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Plaintiff No. 1C present and filed amended copy of plaint. t. o.r. copy served to defendant/BMC.
    Advocate for Defendant No. 1 to 3 present.
    Advocate for defendant No. 5 and 7 present.
    Advocate Smt. Deepali Patil for defendant No.8/BMC present.
    Plaintiff No. 1C is directed to provide fresh amended copy of plaint to Advocate for defendant No. 1 to 3
    Adjd for Compliance  to  26.08.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2022
    
    Date: 11-07-2022
    Business: Plaintiff No. 1C present and filed amended copy of plaint. t. o.r. copy served to defendant/BMC.
    Advocate for Defendant No. 1 to 3 present.
    Advocate for defendant No. 5 and 7 present.
    Advocate Smt. Deepali Patil for defendant No.8/BMC present.
    Plaintiff No. 1C is directed to provide fresh amended copy of plaint to Advocate for defendant No. 1 to 3
    Adjd for Compliance  to  26.08.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Advocate for plaintiff present.
    Advocate Garfeild Mendonca a/w Advocate Madhura Mulay for Defendant No. 1a, 1b, 1c present.
    Advocate Smt. Deepali Patil for defendant No. 8 and 9/BMC present.
    On request of plaintiff adjournment granted for compliance of earlier direction dated. 11.07.2022.
    Adjd for Compliance to 02.11.2022.
    L.O. 11.41 a.m.
    Advocate for Defendant 5 and 7 present.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Plaintiff present and his advocate is present.
    Advocate for defendant 1a, 1b and 1c present.
    Advocate Smt. Deepali Patil  for defendant No. 8/BMC present.
    None present for defendant 4 to 7 and 9.
    Advocate for Plaintiff has filed amended copy of plaint, copy served.
    Matter is adjourned for evidence of defendant 1a, 1b and 1c.
    Adjd for Evidence of defendant 1a,1b and 1c/R.E.P.H. to 02.12.2022
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Court is on leave
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    Business: Court is on leave
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: None present for plaintiff.
    Advocate Garfield Mendonco present and filed Vakalatnama Marked as Exh. 40 for Defendant No. 1a, 1b and 1c.          O- Filed
    Advocate Smt. Vidya  Vyavhare for defendant/BMC present.
    Adjd for Evidence of defendant No. 1a, 1b and 1c  to  27.03.2023
    L.O. 11.46 p.m.
    Advocate Ashok Singh defendant No.  5 and 7 present.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Plaintiff No. 1C present and his advocate is absent.
    Advocate Garfield Mendonco for Defendant No. 1a, 1b and 1c present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for Evidence of defendant No. 1a, 1b and 1c/R.E. P.H.  to  03.05.2023
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: Advocate D.A. Barot  for plaintiff present.
    Adv.  Rushikesh Bandekar for defendant NO. 2 present.
    None present for Defendant 1a, 1b and 1c
    Advocate Smt.Deepali Patil  for defendant/BMC present.
    Adjd for Evidence of defendant No. 1a, 1b and 1c/R.E.P.H    to  21.06.2023
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Presiding Officer is on Training at Utthan.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: Advocate D.A. Barot for plaintiff present and filed draft chamber summons alongwith affidavit in support of same. t.o.r.
    O- Leave Granted to register.
    Copy served to the other sides.
    Advocate Deepali Patil present for defendant/BMC.
    Advocate Singh for defendant no.5 present.
    Advocate G. Mendonca for defendant no. 1A, 1B and 1C.
    Matter adjourned for CS reply/REPH to 02/08/2023.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Advocate D. A. Barot for plaintiff present and filed registered Chamber Summons No. 1265/2023.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Advocate G. Mendonca for defendant no. 1, 2 and 3 present and filed draft Chamber summons a/w affidavit in support.
    O- Leave granted to register.
    Adovcate Ashok Singh for defendant no. 5 present.
    Adocate for plaintiff filed reply to draft chamber summons. Copy served. O – Filed.
    Advocate Archana Hatode for defendant no. 2 present.
    Advocate for all defendants filed reply on chamber summons no. 1265/23 itself.
    Heard argument on both sides on chamber summons no. 1265/2023 of defendant no. 1, 2 and 3.
    F.R.S.R FOLLOWING ORDER IS PASSED ON CHAMBER SUMMONS NO. 1265/2023.
    ORDER
    1.	Chamber summons No.1265 of 2023 is made absolute
            in terms of prayer clause (a).
    2.	Plaintiff is permitted to carry out proposed
            amendment within 14 days from the date of this
            order and file 	amended plaint within statutory
           period.
    3.	Both the parties to take note of this order.
    4.	Cost in cause.
    5.	Chamber Summons No. 1265 of 2023 is disposed off.
    Matter adjourned for Compliance/R.E.P.H. to 25.08.2023.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: Advocate D.A. Barot present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    Advocate Rushikesh Bandekar for defendant no. 2 present.
    Defendant no. 1A,5 and 7 present their advocate absent.
    Heard arguments on both side on draft Chs filed by defendant no. 1A,1B and 1C.
    Matter adjourned for further cs hearing of defendant/RE to 15/09/23.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Advocate D.A. Parav present for plaintiff.
    Adv. G. Mendonca for Def. 1a, 1b, and 1c present.
    Def. No. 5 and 7 present. Adv. absent.
    Rest of the Defendants fails to file reply on draft Chamber Summons hence, Chamber Summons proceeding without reply of other defendants.
    Heard Argument on both side of Chamber Summons of Def. No. 1a, 1b, 1c.
    Advocate Deepali Patil present for defendant/BMC.
    Matter adjourned for Chamber summons order to 27.09.2023.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: None present for plaintiff.
    Advocate Meena Dhuri present for defendant/BMC.
    Advocate Mendonca for defendant no. 1A,1B and 1C present and submits that he will take instructions from defendant no. 1 and take necessary steps for withdrawal of CS. Hence, Matter adjourned for necessary order to 16-10-23.
    Next Purpose: ORDER
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: Plaintiff present his advocate is absent.
    Advocate Deepali Patil present for defendant/BMC.
    Advocate Mendonca for defendant no. 1A to 1C present.
    Advocate Archana Hadole for defendant no.2 present.
    Ld. Advocate for defendant seeks permission to file case law on next date. Hence, Matter adjourned for filling case law to 25/10/2023.
    Next Purpose: ORDER
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Plaintiff No. 1c present. His adv. Absent.
    Def. No. 1c present and her adv. Absent and submitted that her Advocate is ill and unable to remain present and requested short adjournment filing case law and taking steps as per roznama          dt. 27/09/2023.
    Advocate Deepali Patil present for defendant/BMC.
    Matter adjourned for filing case law to 01/11/2023.
    Next Purpose: ORDER
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: Advocate Utkarsh Pande present for plaintiff no. 1C.
    Advocate Deepali Patil present for defendant no. 1/BMC.
    Advocate Ashok Singh for defendant no. 5 present.
    Advocate Dushyant Krishnan for defendant no. 1A to 1C present and he submitted before court that, advocate on record is unavailable due to personal difficulty and upon taking instructions, defendant no. 1A to 1C will withdraw CS no. 2134/19. Hence, he sought adjournment. He further submits that he will file written statement alongwith application for condonation of delay.
    As per the request of advocate for defendant no. 1A to 1C.
    Matter adjourned for Steps  to 01/12/23.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: Advocate D. A. Barot for plaintiff present.
    Plaintiff no. 1C present.
    Advocate Deepali Patil present for defendant/BMC.
    Advocate Garfield Mendonca for defendant no.1A, 1B, 1C present  and filed draft Notice of Motion alongwith affidavit in support of same alongwith WS. Taken on record.
    O- Leave Granted to register..
    Copy served
    Advocate for plaintiff filed reply on draft Notice of motion itself.
    Heard arguments on both side on draft Notice of motion.
    F.R.S.R. Following order is passed on Draft Notice of Motion.
                                       ORDER
    1.	Draft Notice of Motion is made absolute in terms of
            prayer clause (a) and (b) subject to Order XXII Rule
           4 Sub Rule (2) of Code of Civil Procedure.
    2.	Draft Notice of Motion be registered for statistical 		purpose.
    3.	Draft Notice of Motion is disposed off accordingly.
    Written statement of defendant no. 1A, 1B, 1C is taken on record and marked as Exh.
    Advocate Garfield Mendonca for defendant no.1A, 1B, 1C and he not pressed the draft Chamber summons. Hence, it is disposed off accordingly.
    Draft Chamber summons be registered for statistical purpose.
    Advocate Garfield Mendonca for defendant no.1A, 1B, 1C informed that, defendant no. 4 is expired.
    Advocate Ashok Singh for defendant no. 5 present.
    Defendant no.1A, 1B, 1C is directed to take necessary steps by filling death certificate on record.
    Matter adjourned for necessary steps/evidence/REPH to 03/1/24.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: Advocate D. A. Barot present for plaintiff.
    Advocate  Deepali Patil present for defendant/BMC.
    Adv. G. Mendonca for defendent no. 1a, 1b, 1c and filed pursis @ death certificate of defendent no. 4 namely Joseph Michael D\''souza. TOR and marked as Exh. 42.
    Adv. Archana Hatode for defendent no. 2.
    Matter adjourned for steps to 19/01/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-01-2024
    
    Date: 19-01-2024
    Business: Advocate Utkarsh pandy present for plaintiff no. 1(c) and filed draft  CS along with affidavit. O - Leave granted to registered. Copy served.
    Advocate  Deepali Patil present for defendant/BMC.
    adv. Mendonca present for defendant no. 1 (a)(b)(c).
    Adv. Ashok Singh for defendant no. 5.
    Matter adjourned for CS reply / RE to 11.03.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: Advocate D A Barot present for plaintiff and filed registered CS No. 432 of 2024.
    Advocate Deepali Patil present for defendant/BMC.
    Adv. Mendonca for defendant no. 1(a), 1(b), 1(c) present and filed reply on CS no. 432 of 2024 itself.
    Adv.  Ashok Singh for defendant no. 5 present and filed reply on CS no. 432 of 2024 itself.
    Heard arguments on both side on CS No. 432 of 2024
    F.R.S.R. The following order is passed on CS no. 432/2024
    ORDER
    1. Chamber summons No.432/2024 is made absolute in terms of prayer clause (a) upon filing of death certificate of defendant No.4 Joseph D\''Souza S/o. Agapita Felix Paul D\''Souza by plaintiff.
    2. After filing of death certificate of defendant No.4 Joseph D\''Souza S/o. Agapita Felix Paul D\''Souza, plaintiffs is permitted to carry out proposed amendment within 14 days from the date of this order and file amended plaint within statutory period.
    3. Both the parties to take note of this order.
    4. Cost in cause.
    5. Chamber Summons no. 432/2024 is disposed off.
    Matter adjourned for compliance to 24.04.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: Advocate D. A. Barot present for plaintiff and filed draft Chamber summons along with affidavit. O  Leave granted to registered. Copy served.
    Advocate Y. C. Kadam present for defendant/BMC.
    Defendant no. 5 and 7 present.
    Matter adjourned for compliance and CS reply to 21.06.2024.
    Later on
    Adv. G. Mendonca for defendant no. 1a, 1b and 1c present.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: Advocate D. A. Barot present for plaintiff and filed registered CS no. 1154 of 2024. And also filed application for extension of time to carry out the amendment. TOR and marked as Exh. 43.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Mendonca for defendant no. 1(a) to 1(c) present.
    Court busy in dictating order and judgment matters, hence
    Matter adjourned hearing on Exh. 43 to 05.07.2024.
    Next Purpose: HEARING
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: Advocate D. A. Barot present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC and filed reply to CS No. 1154 of 2024 itself.
    Adv. Mendonca for defendant no. 1(a) to 1(c) present and filed reply to CS No. 1154 of 2024 itself.
    Rest of the defendants fails to file say in CS No. 1154 of 2024, hence CS No. 1154 of 2024 proceeds without the reply of rest of the defendants.
    Matter adjourned for CS hearing / RE to 02.08.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: Advocate D. A. Barot present for plaintiff and filed draft notice of motion along with affidavit. O - leave granted to registered.
    Advocate Bibhishan Sutar present for defendant/BMC and filed reply on draft notice of motion itself.
    Adv. Mendonca for defendant no. 1(a) to 1(c) present and filed reply on draft notice of motion itself.
    Adv. Ashok Singh for defendant no. 5 present and filed reply on draft notice of motion itself.
    Heard arguments on both side on CS No.  1154 of 2024 and draft notice of motion.
    F.R.S.R. following order is passed on CS No. 1154 of 2024.
    ORDER
    1.Chamber summons No.1154 of 2024 is made absolute in
        terms of prayer clause (a).
    2. Plaintiff is permitted to carry out proposed amendment
        within 14 days from the date of this order and file
       amended plaint within statutory period.
    3. Both the parties to take note of this order.
    4. Cost in cause.
    5. Chamber Summons No. 1154 of 2024 is disposed off.
    F.R.S.R. following order is passed on draft Notice of Motion.
    ORDER
    1. Draft Notice of motion is made absolute in terms of
        prayer clause (a) and (b).
    2. Plaintiff is permitted to carry out proposed amendment
       vide  order dated 11.03.2024 in Ch/s.No.432/2023 till
       next date.
    3. Both the parties to take note of this order.
    4. Draft Notice of Motion is disposed off.
    5. Draft Notice of motion be registered for statistical
       purpose.
    Matter adjourned for compliance to 25.09.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    Business: Plaintiff no. 1(c) present.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Ashok Singh for defendant no. 5 present.
    Plaintiff no. 1(c) is directed to file amended copy of plaint on next date.
    Matter adjourned for compliance to 27.11.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-11-2024
    
    Date: 27-11-2024
    Business: COURT IS ON LEAVE.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: Plaintiff no. 1(c) present, is advocate absent and filed amended copy of plaint. TOR. O- filed. Copy served.
    Advocate Bibhishan Sutar  present for defendant/BMC.
    Adv. Mendonca for defendant no. 1(a) to 1(c) present.
    Adv. Achala Hatode for applicant present and filed vakalatnama. Tor and marked as Exh. 44. O - filed. She has also filed draft CS along with affidavit. O - leave granted to register.
    Applicant is directed to serve the copy to other side till next date.
    Matter adjourned for CS reply/ RE to 07.02.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-02-2025
    
    Date: 07-02-2025
    Business: Plaintiff No.1C present and his Adv absent.
    Advocate Sutar present for defendant/BMC.
    Advocate Mendosa present for the defendant No.  1A to1C
    Adv Ashok Singh for def No.5 present.
    Later on at 3:15 P.M.
    Adv Kamble h/f Adv Rathi for Plaintiff present and filed register CS No. 141 of 2025.
    Matter adjourned for CS reply to 23-04-2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: Advocate Ujjwala Ghodeswar h/f Adv. Barot present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Plaintiff no. 1c present.
    Rest of the defendants absent.
    Applicant absent.
    Applicant to serve the copy of CS to plaintiff.
    Matter adjourned for CS reply to 25.06.2025.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-06-2025
    
    Date: 25-06-2025
    Business: Advocate Snehlata Srivastav present for plaintiff and seeks time to file reply. O - granted.
    Advocate Amar Patil  present for defendant/BMC.
    Adv. Mendonca for defendant no. 1(a), 1(b) and 1(c) present and filed reply to the CS NO. 141 of 2025.
    Applicant who has taken CS who is absent before this court.
    Matter adjourned for reply of the plaintiff to the CS to 04.08.2025.
    Later on
    Adv. Ashok Singh for defendant no. 5 present.
    Later on
    Adv. Archana for applicant in CS present.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-08-2025
    
    Date: 04-08-2025
    Business: Advocate D. A. Barot present for plaintiff and filed reply to CS No. 141 of 2025. Copy served.
    None present for defendant/BMC.
    Adv. Achala Hatode for defendant no. 4 present.
    None present for defendant no. 1a, 1b, 1c.
    KB. Later on
    Adv. Ashok Singh for defendant no. 5 present and filed say on Chamber summons no. 141 of 2025 itself.
    Heard arguments on both side on CS No. 141 of 2025.
    Matter adjourned for CS orders to 13.08.2025.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 13-08-2025
    
    Date: 13-08-2025
    Business: Court is on Leave.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 29-08-2025
    
    Date: 29-08-2025
    Business: Advocate Sachlata Srivastav present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. G. Mendonca for defendant no. 1a, 1b and 1c present.
    Plaintiff 1c present.
    F.R.S.R. following order is passed on CS No. 141 of 2025.
    ORDER
    1. Chamber Summons No.141 of 2025 taken by the applicant to add
        him as a party in Suit is stands allowed and disposed of,
        accordingly.
    2. Applicant is directed to carry out necessary amendment within
       limitation.
    3. Cost in main cause.
    Matter adjourned for compliance as well as NM and CS hearing to 19.09.2025.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-09-2025
    
    Date: 19-09-2025
    Business: Advocate Snehlata Srivastav present for plaintiff and submitted amended copy of plaint. Copy served to defendant no. 5, 7A and defendant/BMC.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Ashok Singh for defendant no. 5 present.
    Matter adjourned for NM /CS hearing to 12.12.2025.
    Later on
    Adv. G. Mendonca for defendant no. 1a, 1b and 1c present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: Advocate  present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. G. Mendonca for defendant no. 1a to 1c present and seeks time to file evidence. O - Granted.
    The record shows that all the NM which are filed in the present suit are tag with the main suit by virtue of the order dated 27.10.2016 and 30.11.2016. As the relief claim in the notice of motion are merged in main suit, all the Notice of Motion No. 2460/2016 and 2461/2016 are disposed. It is further transpired from the record that the plaintiff has completed his evidence. Thereafter matter was posted for evidence of defendant no. 1, however meanwhile she expired. As a result the plaintiff has brought her heirs on record i.e. defendant no. 1a to 1c. Hence matter has to be adjourned for the evidence of defendant i.e. 1a to 1c.
    The contesting defendant no. 5 and 6 and their advocate all are absent before this court.
    Matter adjourned for evidence of defendant no. 1a to 1c/ to 14.01.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-01-2026
    
    Date: 14-01-2026
    Business: Advocate Snehlata Srivastava present for the plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    Adv. Rushikesh Bandekar h/f Adv. Ajit Hodge for applicant present.
    Adv. G. Mendonaca for defendant no. 1a, 1b and 1c present.
    Adv. Ashok Singh  for defendant no. 5 present.
    Plaintiff is directed to file service affidavit in respect of service of amended plaint as per the order passed in CS No. 141 of 2025.
    Matter adjourned for taking steps to 30.01.2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: Advocate  Barot present for the plaintiff and filed service of affidavit in respect of compliance of chamber summons no. 2134/19. TOR and marked as Exh-45.
    Advocate  B.S. Sutar present for defendant/BMC.
    Adv. Shruti present for defendant no. 1a,1b and 1c, seeks time for affidavit. Granted as last chance.
    Adv. Deepak S. Sonkamble present for applicant.
    Matter adjourned for Taking Steps to 16.02.2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-02-2026
    
    Date: 16-02-2026
    Business: Advocate Jonh Dsouza’s V/s Annie Fernandes, Adv. Snehlata Srivastav  present for the plaintiff. Seeks time for taking steps.
    Advocate B. S. Sutar present for defendant/BMC.
    Adv.Deepak  h/f Adv. Ajit S. Hodage for defendant no. 2 present
    Adv. G. Mendonca for defendant no. 1a, 1b and 1C present.
    Matter adjourned for Taking Steps to 20.02.2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-02-2026
    
    Date: 20-02-2026
    Business: Advocate D. A. Barot present for the plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv.  G. Mendonca for defendant no. 1a, 1b and 1c present and filed evidence affidavit. TOR and marked as Exhibit 46.
    Matter adjourned for Recording evidence to 18.03.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-03-2026
    
    Date: 18-03-2026
    Business: Advocate D. A. Barot present for the plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Mendonca for defendant no. 1a, 1b and 1c present.
    Defendant no. 1a, 1b and 1c is directed to serve the copy of evidence of document on other defendants.
    Adv. Ashok Singh for defendant no. 5 and 7a present and filed vakalatnama for 7a. TOR and marked as Exhibit  47. O - Seen.
    Matter adjourned for Recording evidence to 13.04.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-04-2026
    
    Date: 13-04-2026
    Business: Advocate D. A. Barot present for the plaintiff.
    Advocate Amar Patil h/f Adv. Sutar present for defendant/BMC.
    Adv. G. Mendonca for defendant No. 1a, 1b and 1c present and filed draft Notice of Motion along with affidavit. O - Leave granted to register it.
    Adv. Ashok Singh for defendant No. 5 and 7a present.
    Plaintiff and other defendant seeks time for filing reply to draft Notice of Motion.
    Matter adjourned for recording evidence to 25.04.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-04-2026
    
    Date: 25-04-2026
    Business: Advocate Amar Patil h/f Adv. Sutar present for defendant/BMC.
    Adv. Deepak Sonkamble h/f Adv. Ajit Hodge for defendant No. 2a present.
    Adv. for defendant No.1(a), (1b) and (1c) present and tendered NM No. 2195 of 2026.
    Adv. Ashok Kumar Singh for defendant No. 5 and 7a present and filed to NM No. 2195 of 2026.
    Matter adjourned for NM hearing to 07.05.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-05-2026
    
    Date: 07-05-2026
    Business: Advocate Snehalata present for the plaintiff and filed reply to notice of motion No.2195/2026
    Advocate Ruhi Hajare holding for Advocate Amar Patil present for defendant/BMC.
    Adv. Ashok Singh for defendant No.5 and 7(a) present
    Exh.48 Plaintiff filed reply to NM. O-Seen.
    Adv. G. Mendonca for defendant No.1(a), 1(b) and 1(c) present
    Matter adjourned for NM hearing to 17.06.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2026
    
    Date: 17-06-2026
    Business: Advocate Snehlata Srivastav present for the plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Ashok Singh for defendant No. 5 and 7(a) present and not pressed NM No. 3339 of 2014. Hence it is disposed of. Proceedings in NM No. 3339 of 2014 is closed. Parties to take note.
    Adv. G. Mendonca for defendant No. 1a, 1b and 1c present.
    Record reflects that Ld advocate for the plaintiff has made statement for withdrawing the CS No. 2134 of 2019 on 09.01.2020. However till date no orders were passed on it and it is pending. In view of record, CS No. 2134 of 2019 is disposed of. Proceedings in CS No. 2134 of 2019 is closed. Parties to take note.
    Record reflects that NM No. 3338 of 2014 was disposed of on 12.09.2014 at draft stage. Hence NM No. 3338 of 2014 is removed from CIS.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 17-06-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 113038/2019
    Filing Date: 27-11-2019
    First Hearing Date: 03rd December 2019
    Decision Date: 17th June 2026
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Jun 2026
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 06 ADDL. SESSIONS JUDGE
    Case No. :CHAMBER SUMMONS/0102134/2019
    John Dsouza s/o Agapito Felix Vs Annie Philip Fernandes and Ors.
    Date : 17-06-2026
    Business : Advocate Snehlata Srivastav present for the plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC. Adv.
    Ashok Singh for defendant No. 5 and 7(a) present and not
    pressed NM No. 3339 of 2014. Hence it is disposed of.
    Proceedings in NM No. 3339 of 2014 is closed. Parties to take
    note. Adv. G. Mendonca for defendant No. 1a, 1b and 1c
    present. Record reflects that Ld advocate for the plaintiff has
    made statement for withdrawing the CS No. 2134 of 2019 on
    09.01.2020. However till date no orders were passed on it and
    it is pending. In view of record, CS No. 2134 of 2019 is
    disposed of. Proceedings in CS No. 2134 of 2019 is closed.
    Parties to take note. Record reflects that NM No. 3338 of
    2014 was disposed of on 12.09.2014 at draft stage. Hence NM
    No. 3338 of 2014 is removed from CIS.
    Nature of Disposal : OTHERWISE
    Disposal Date : 17-06-2026
    COURT 06 ADDL. SESSIONS JUDGE
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