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NOTICE OF MOTION

Shri. Joaquim Fernandes - PlffVsSmt. Josephine Fernandes and Ors.

CNR MHCC0101225620194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 19th March 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104475/2019
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: 21-01-2020
    Business: Advocate D\''silva for Plaintiff present and filed registered NM.4475/19 t.o.r.
    Advocate Smt. Dyna Sequeirra for defendants present and submitted that on next date reply to NM 4475/19 will be filed because the reply is ready but it is to be affirmed by Defendant No.1.
    Advocate Shri. Veenit Sukumaran for Applicants present and tendered draft Chamber Summons for adding the applicants as Plaintiff Nos.2 and 3. Copy of Chamber summons served upon plaintiffs advocate as well as advocate of defendant No.1.
    Advocate for Applicant filed Vakalatnama t.o.r.
    Plaintiffs advocate has given his reply on Chamber Summons itself contending that plaintiffs has no objection to add applicants as plaintiffs. Advocate for defendants also gave same reply on chamber summons itself.  Considering the fact that plaintiffs and defendants have no objection to add applicants as plaintiff Nos.2 and 3, draft Chamber Summons is made absolute in terms of prayer clause (a).
    2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
    3. Draft Chamber Summons be registered for statistical purpose.
    Case is adjourned to 05/02/2020 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Advocate Mr. D\''silva for Plaintiffs present and filed vakalatnama on behalf of Plaintiff no.2 and 3, t.o.r. Copy of amended plaint is served upon advocate for Defendant nos.1 to 5.
    Advocate Ms.Sequeira for Defendant nos.1 to 5 present and filed reply to Notice of Motion no.4475/15, t.o.r.  Copy served upon other side.
    Case is adjourned to 23/03/2020 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM FOR 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: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to  15.01.2021 for  hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 18-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to  15.01.2021 for  hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2021
    
    Date: 15-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv. Dsilva for plff. present.
    Adv. Diana for deft. present.
    K.B.
    Order on NM No.4475/2019
    Perused NM, reply filed thereto and heard both sides. The instant NM is for setting aside order dt.14.06.2018 of dismissal of NM No. 1886/2015 and restore the same with previous order dt. 06.05.2015 therein. The other side has taken objection on the grounds of limitation and maintainability. According to ld. advocate for the plaintiff the delay is due to the fact that the previous advocate did not attend the court and did not inform also to the plaintiff. The party should not be made to suffer for the inaction of his/her advocate. Therefore, NM is allowed in terms of prayer clause (a) and (b) subject to the cost of Rs.1,000/- payable to the defendant before next date. After payment of cost the NM No. 1886/2015 will be restored with all previous orders therein.
    Cost of Rs. 1,000/- is paid in Court. Therefore, NM No. 1886/2015 is restored.
    Adjd. to 05.05.2021 for NM No.1886/2015 Hearing.
    Nature Of Disposal: ALLOWED
    Disposal Date: 19-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 112436/2019
    Filing Date: 27-11-2019
    First Hearing Date: 21st January 2020
    Decision Date: 19th March 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Mar 2021

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104475/2019 Shri. Joaquim Fernandes - Plff Vs Smt. Josephine Fernandes and Ors. Date : 19-03-2021 Business : Adv. Dsilva for plff. present. Adv. Diana for deft. present. K.B. Order on NM No.4475/2019 Perused NM, reply filed thereto and heard both sides. The instant NM is for setting aside order dt.14.06.2018 of dismissal of NM No. 1886/2015 and restore the same…

    Read Full Order

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