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Exe Appln

A. N Alex DsilvaVsJosef G Gomes deceased +6 more

CNR MHSCA3001506202235-Judge C.R.No. 35
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
200122/2022
Registration Date
06 Dec 2022
Next Hearing Date
31 Oct 2026
Case Stage
Stayed at 2.45 P.M.

Advocates

2

For Petitioner

For Respondent

Parties

8

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 21

Case History / Proceedings

Case History
Date: 07-12-2022
Business: Court not sitting. P.O, is on leave. Resumed before Judge C.R. No. 34 I/c Judge C.R. No. 35.
Advocate for plaintiff present.
Adj for reply of defendant.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Resumed,
Holding advocate for plaintiff present.
Heard. Court passed order below Exh  - 1.
O  - The decree is more than two years old. Hence, issue notice J.D. returnable on 22.12.22.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Resumed,
Advocate for plaintiff present.
Exh 6/D - Application filed by advocate for plaintiff for service of notice to defendant no. 6 by RPAD. (O-Issue notice as prayed)
Matter adj for appearance of defendant no. 2 to 4 and taking steps by plaintiff against deceased defendant no. 5 and alias to issue notice to defendant / J.D. no. 6 by RPAD as per order below Exh 6.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Resumed,
Plaintiff and advocate present.
Defendant no. 4 present.
Exh -  9/D - Amendment Application filed by plaintiff to delete the name of deceased defendant no. 5  ( O  - O.S.to say).
Exh - 10/D - Adj application filed by deft no. 4 . (O  - Time granted).
Matter adj for filing S.V. and reply to Execution and to Exh  -9 by deft no. 4 and appearance of deft no.2,3 and 6.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Resumed,
Advocate for plaintiff present. Advocate for defendant no. 4 present.
Exh  - 11/D - Appln filed by plaintiff for direction to deft no.2,3 and 4 to provide present address of deft no. 6.  ( O  - O.s to say)
Matter adj for S.V. and reply to execution and to Exh  - 9 by deft no. 4 and appearance of deft no.2 ,3,and 6 and reply of deft no. 2,3,4 to Exh  -11.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Resumed,
Advocate for plaintiff present. Advocate for defendant no. 4 present.
Exh  - 12/D - S.V. of advocate M/S. R.V. Sankpal and Associates for deft no. 4 ( O - filed).
Exh - 13/D - Adj  Application filed by Deft no. 4 ( O - Time granted till next date).
Court passed order below Exh - 9
O - Perused appln and no say by other side. Hence it is necessary to allow the application as prayed.
Court passed order below Exh - 11.
The deft no.2,3,4 are directed to produced address of deft no.6 if failed then D.H. may take legal recourse.
Matter adj to carry out amendment by DH as per order below Exh -9 and deft no.4 to produce address of deft no.6 to DH asper order below Exh  -11 and for appearance of deft no. 2,3 and reply of deft no. 4 to Exe appln.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Resumed,
Advocate for plaintiff present. advocate for defendant no. 4 present.
Exh - 14/D - Adj application filed by advocate for defendant. (O - O.S.to say).
Advocate for defendant given handwritten say on Exh - 14.
Court passed order on Exh -  14 -
O  - Perused application and say. It is necessary to grant chance to J.D. to brought order of stay.
Exh  - 15/D - Application filed by advocate for plaintiff for service of notice to deft no. 6 at last known address through concern court. (O - service allowed as prayed).
Matter adj for appearance of defendant no. 2,3 and reply of deft no. 4 to Exe appln and issue notice to deft no. 6 by pasting through concern court.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Resumed,
Advocate for plaintiff present. Defendant no. 4 present. Advocate absent.
Exh  - 16/D - Adjournment application filed by defendant no. 4 (O - Allowed as prayed).
Exh -  17/D - Letter dt.  27.03.2023 by advocate to plaintiff  (O - seen).
Exh -  18/D - Copy of order dt.  23.03.2023 passed in H.C. C.R.A. NO.  661 of  2008. (O - seen).
Notice served to defendant no.6 by pasting on 18.03.2023 and RPAD sent.
Matter adj for awaiting RPAD report of deft no.6 and appearance of defendant no.2,3,6 and reply of defendant no.4 to Exe application.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Resumed,
Advocate for plaintiff present. Defendant No. 4 present advocate absent.
Matter adj for appearance of defendant No. 2,3,6 and reply of defendant No. 4 to Execution application.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Resumed,
Adv for plff present. Adv for defts present.
Exh-19/D Application filed by adv for defts to produced xerox copy of order dt.05/07/23 in CRA 661 / 2008. (O- filed)
Matter adj for filing S.V. and reply of defts in execution.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Resumed,
Advocate for plaintiff present. Defendant No.4 present advocate absent.
Exh-20/B Defendant No.4 filed Copy of order dated 3/8/2023 passed in H.C. CRA No. 661/2008 (O- Seen).
Matter adj for filing S.V. and reply of defendants in execution application.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: Resumed,
Advocate for plaintiff present. Defendant No.4 present advocate absent.
As CRA No. 661 of 2008 pending before Honble H.C.
B.C. Matter adj for filing S.V. and reply of defendants in execution application.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Resumed,
Adv for plff present. Deft No 4 and adv present.
Exh-21/D Application filed by deft No 4 to take new S.V on record.(O- allowed)
Exh- 22/D S.V of adv A.H. Pavaskar and Athar Pavaskar for deft No.4 (Filed).
Exh-23/D Undertaking filed by deft No.4  states that revision No 661/2008 Honble High Court given stay (O-Seen and filed).
Matter adj for reply of defts in execution application.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Resumed,
Adv for plff present. Adv for deft no.2,4 present.
Exh-24/D Pursis filed by adv for deft no.2,4 stated that stay has extended for 8 days (O- O.S. to say).
Exh-25/D Application filed by deft no.1,4 to take copy of power of attorney on record (O- O.S. to say).
Matter adj for reply of plff to Exh-24 and Exh-25.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Resumed,
Adv for plff present. Adv for deft no. 2,4 present.
Exh-26/D Application filed by adv for deft no.2,4 to take on record order dated 01/11/2023 passed in CRA No.661 of 2008 (O- Allowed).
Matter adj for reply of plff to Exh-24 and Exh-25.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: Resumed,
Advocate for plaintiff present. Defendant No.4 and holding advocate for defendant No.2,4 present.
Exh-27/D Undertaking filed by holding advocate for defendant No. 2,4 stated that Revision Application No. 661/2008 has been admitted by H.C. and stay has been extended till 4th January 2024. (O- Seen).
Advocate for plaintiff given hand written say on Exh-24 and on Exh-25.
Matter adj for hearing on Exh-24 and Exh-25.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: Resumed,
Advocate for plaintiff present. Advocate for defendant No. 2,4 present.
Exh-28/D Application filed by advocate for defendant No. 2,4 to take roznama of Honble High Court dated 18/01/2024on record. (O- Allowed to be take on todays board).
Matter adj for hearing on Exh-24 and Exh-25.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: Resumed,
Adv for plff present. Adv for deft no. 2,4 present.
Exh-29/D Appln filed by adv for deft no.2,4 for production of stay order of Honble High court (O- D.H. to say).
Adv for plff given hand written say on Exh-29. Heard. Court passed order below Exh-29.
O- Heard. Production of document is allowed. The deft no.2 and 4 are directed to furnish authenticated copy of order dt. 21/02/2024.
Exh-30/D Copy of order dt. 21/02/2024 passed by honble High court in CRA No. 661 of 2008 taken on record (O- filed).
Matter adj for furnishing authenticated copy of order dt. 21.02.2024 by deft no.2,4.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Resumed,
Advocate for plaintiff present. Advocate for defendant No. 2 to 4 present.
B.C. Matter adj for furnishing certified copy of order dated 21/02/2024 passed by Honble High Court in CRA No. 661/2008 by defendant No. 2,4.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Resumed. Adv. for pltff. and Adv. for deft. no 2 and 4 present. On oral req. of deft. Adv.
Matter adj for furnishing certified copy of order dated 21/02/2024 passed by Honble High Court in CRA No. 661/2008 by defendant No. 2,4.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: Resumed. Both parties absent. Adv. for pltff. present. Adv. for Deft. No 2 and 4 present. On oral req. of deft. Adv.
Adj for furnishing certified copy of order dated 21/02/2024 passed by Honble High Court in CRA No. 661/2008 by defendant No. 2,4.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: Resumed. Both parties absent. Both side Adv. present.
Exh.31/D- Appln. for production of document alongwith certified copy of H.C. order in CRA 661 of 2008.  -O- Seen and filed
Adj. for heg. on Exh. 24 and Exh.25.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 28-11-2024

Date: 28-11-2024
Business: Resumed. Both parties absent. Adv. for R. No 1 and 2 present.
H.W. order passed on Exh. 1-O- Heard both Ld. advocates on behalf of the parties at length.  I have gone through the order passed in Civil Revision Application No 661 of 2008 dt. 21.02.2024 by Honble High Court.  As per submissions of the parties and as per order of Honble High court in Civil Revn. Appln. No. 661 of 2008, this proceedings be kept under caption Stay.  Accordingly, CIS entries be taken.  Both parties to take note of it.
Adj. for stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 31-01-2025

Date: 31-01-2025
Business: As per Office Order No. 15 of 2025 resumed before Smt. R.R. Kale Judge C.R. 36.
Both parties absent. Adv. for applicant and Hld. Adv. for respdt. No 2 and 4 present.
B.C.
Adj. as stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: As per Office order No. 15 of 2025 dated 16.01.2025 resumed before Smt. R.R. Kale, Judge, C.R. No. 36.
Plff absent adv present. Deft present adv absent.
Adj for stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 30-06-2025

Date: 30-06-2025
Business: Resumed,
Applicant absent and adv present. Respdt absent and adv present.
Adj for stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 31-07-2025

Date: 31-07-2025
Business: Presiding Officer is on Leave.  Resumed before I/C Judge Shri S.N. Godbole, C.R. No.34.
Plaintiff absent, advocate present, defendant and advocate absent, hence matter adjourned as stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 30-08-2025

Date: 30-08-2025
Business: Resumed.
Plaintiff absent, advocate present.  Defendant and advocate absent, hence matter adjourned as stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 30-09-2025

Date: 30-09-2025
Business: Presiding Officer is on Leave.  Resumed before I/c. Judge Shri S.N. Godbole, C.R. No.34.
Both the parties absent, their respective advocate present. Hence matter adjourned as stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 31-10-2025

Date: 31-10-2025
Business: P.O. is on leave.
Resumed before I/C Judge, Shri S. N. Godbole, C.R. 34.
Exh. 31/D -  Amendment Application filed by Adv. for Pltff.
O.- O.S. to say.
Adj. for Say on Exh. 31 / stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: Resumed.
Both the parties absent, their respective advocate for the defendant served copy of Exh.31.  Handwritten say given by the advocate for the defendant on Exh.31.  Order passed below Exh.31.  The same is allowed. Plaintiff is permitted to carry out amendment within 14 days.  Hence matter adjourned as stayed for compliance of Oder below Exh.31 amendmant.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: Presiding Officer is on Leave.  Resumed before I/c. Judge Smt. J.H. Hushangabade, C.R. No.34.
Plaintiff absent, advocate present. Defendant No.4 and advocate present.  Hence matter adjourned as stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 31-01-2026

Date: 31-01-2026
Business: Resumed.
Plaintiff absent. Advocate for plaintiff present. Holding Advocate for deft. No. 4 present.
Exh-1A/B- Copy of amended Exe. Application filed by advocate for plaintiff. (O- R and R tagged with Exh. 1).
Matter adj as stayed.
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 04-03-2026

Date: 04-03-2026
Business: Resumed.
Plaintiff absent. Advocate for plaintiff present. Holding advocate for defendant No.4 present.
Matter adj as stayed.(CRA 661/2008).
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 21-04-2026

Date: 21-04-2026
Business: Resumed.
Plaintiff absent. Advocate for plaintiff present. Advocate for defendant No. 4 present.
Matter adj as stayed (HC CRA 661 of 2008).
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: PO is on leave, Resumed before I/c Judge S. Vishwambharan C.R. 32.
applicant absent. Advocate for applicant present. Respondent absent. Advocate for respondent present.
Matter adj as stayed (H.C.CRA 661/2008)
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 31-08-2026

Date: 31-08-2026
Business: Court not sitting. P.O. is on leave. Resumed before Smt. V.M. Dewar, Judge, C.R. No. 34, I/c, C.R.No. 35.
Applicant absent. Advocate for applicant present. Respondent absent. Advocate for respondent present. Matter adj as stayed (H.C.CRA 661/2008)
Next Purpose: Stayed at 2.45 P.M.
Next Hearing Date: 31-10-2026

Additional Case Details

Additional Case Details
Filing Number: 201056/2022
Filing Date: 21-11-2022
First Hearing Date: 07th December 2022
Court Number And Judge: 35-Judge C.R.No. 35

Orders

2
Interim Order 1Full order available
29 Nov 2025

Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT- 31 IN Execution Application No.122 of 2022 IN R.A.E.R. Suit No.607 of 1997 (CNR-MHSCA-30015062022) Shri Austin Nazareth @ Namy Alex D’Silva ...Plaintiff. Versus Josef Gabut Gomes (since deceased) Smt.Gracy Joseph Gomes and ors. ...Defendants. Appearance:- Shri Pandey K.D,...Ld.Advocate for the plaintiff. Smt. Gonsalves Eventa,Ld. Advocate for the defendants. Coram :- L. B. M. M. A. Syed, Judge,…

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Order 1Full order available
29 Nov 2025

Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT- 31 IN Execution Application No.122 of 2022 IN R.A.E.R. Suit No.607 of 1997 (CNR-MHSCA-30015062022) Shri Austin Nazareth @ Namy Alex D’Silva ...Plaintiff. Versus Josef Gabut Gomes (since deceased) Smt.Gracy Joseph Gomes and ors. ...Defendants. Appearance:- Shri Pandey K.D,...Ld.Advocate for the plaintiff. Smt. Gonsalves Eventa,Ld. Advocate for the defendants. Coram :- L. B. M. M. A. Syed, Judge,…

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