Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 255-2020 in
in Suit no.9535 of 1999
MHCC010012682020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 255 OF 2020
CNR NO.MHCC010012682020
IN
SUIT NO. 9535 OF 1999
(HIGH COURT O.S. SUIT NO.5830 OF 1999)
1. Tariqunnissa Ahrar Ahmad Shaikh
Age about: 40 years,
R/at : Rangoon Chawl, Near Rangoon
Bakery, Kherwadi Road, Bandra (E),
Mumbai400 051. ...Plaintiff
Verses
1.Sayyed Mohammad Munawar
(Since deceased)
S/o Mohammad Junaid,
Aged about : 35 years,
R/at : Rangoon Chawl, Near Rangoon
Bakery, Kherwadi Road, Bandra (E),
Mumbai400 051.
1(a). Mrs. Moimunnisa
Mother of late Sayyed Mohammad Munawar
(Since deceased)
1(a)(i). Mrs. Farzana Ahmed Khan
Aged about: 45 years, Room No. 1,
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R/at : Rangoon Chawl, Near Rangoon
Bakery, Kherwadi Road, Bandra (E),
Mumbai400 051.
1(a)(ii). Noorana Khurshid Shaikh.
Aged:42 years, Madla Bakery,
R/at: Plot No. 136, Jai Hind Nagar,
Near Kadre Timber, Khar (East)
Mumbai 400 051.
1(b). Mrs. Mustari Begum
Wife of late
Sayyed Mohammad Munawar
1(c). Mrs. Akbari Bano
Wife of late
Sayyed Mohammad Munawar
1(d). Ms. Sabista Bano
Daughter of late
Sayyed Mohammad Munawar
1(e). Mr. Mohammad Arif
Son of late
Sayyed Mohammad Munawar
1(f). Ms. Sheefa Bano
Daughter of late
Sayyed Mohammad Munawar
1(g). Mr. Mohammad Amir
Son of late
Sayyed Mohammad Munawar
1(h). Ms. Sabah
Daughter of late
Sayyed Mohammad Munawar
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1(i). Ms. Shabnam
Daughter of late
Sayyed Mohammad Munawar
1(j). Mr. Mohammad Aaqib
Son of late
Sayyed Mohammad Munawar
1(k). Ms. Nazish Alias Binis
Daughter of late
Sayyed Mohammad Munawar
1(l). Ms. Gajala
Daughter of late
Sayyed Mohammad Munawar
Res. No.1 (d) to 1(l) minor
Through guardian the Res.1(b)
1(m). Mr. Mohammad Talib
Son of late
Sayyed Mohammad Munawar
Res. No. 1(m) minor through the Natural
Guardian of Res. No. 3. …...Defendants
CORAM : HIS HONOUR JUDGE
SHRI KISHORE M. JAISWAL
(COURT ROOM NO.01)
DATE : 13th DAY OF AUGUST, 2021
Adv. Aditi Dave for plaintiff .
Adv. Vanani for defendant no.1a to 1m.
Adv. Rahul Singh for defendant nos. 2 to 11.
ORAL ORDER
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This notice of motion is taken out by the defendant Nos.
1(a) to 1(m) for setting aside order dtd. 30.10.2018 and condoning
the delay in filing written statement.
2. Perused the notice of motion, which is supported by the
affidavit being executed by the Defendant No.1(a)(i) Mrs. Farzana
Ahmed Khan. Say of plaintiff has been called for.
3. I have heard Ld. Advocate Mr. Vanani for the defendants
and Ld. Advocate Ms. Aditi Dave for the plaintiff. I have perused the
order dtd.30.10.2018. By virtue of said order the suit was proceeded
without additional written statement of defendant nos.1(a) to 1(m).
The main dispute is regarding the property. The parties to the suit
governed by Sheriat Muslim Law and defendants are also claiming
share in this property. It is the matter of record that these defendants
came on record after the death of Mrs.Maimmunisa Sayyed Junaid on
4.7.2015. The amended plaint has been served upon the present
applicants on 30.10.2018. All the defendants are shown to be the
resident of Uttar Pradesh and were depending upon their advocate
for this case. The contents of Para05 shows that the defendant is
Paradasin Muslim Woman and generally do not go out. She was in
search of an advocate practicing at Mumbai and for that purpose she
could not file written statement within the stipulated period. In my
considered opinion genuine reasons has been mentioned in the Paras
no.4 to 6 in the affidavit in support to condone the delay. Moreso, the
advocate for the defendants no.1(a) to 1(m) today made the
statement that the written statement is ready on all respect and can
be filed on record today itself. As the written statement is ready
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therefore, the advocate for the plaintiff has submitted that it should
be considered. Considering over all circumstances and as the matter
is old one and the present defendants has been lateron brought on
record, to give fair opportunity to the defendants and to contest the
matter on merits, I am of the opinion that written statement which is
ready in all respect can be taken on record, so that newly added
defendants can get an opportunity to defend the suit. Hence, I
proceed to pass following order:
ORDER
1.Notice of Motion No. 255/2020 is allowed and made absolute
in terms of prayer clause (a) to (c) with a direction that today
only the defendants shall file the written statement on record.
Notice of Motion is disposed of accordingly.
(Kishore M. Jaiswal)
Judge, City Civil & Sessions
Date:.13.08.2021 Court, Gr.Mumbai (C.R.No.01)
Dictated on : 13.08.2021
Transcribed on : 13.08.2021
Signed on : 17.08.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: 18.8.2021 NAME OF STENOGRAPHER(G I)
Ms. K.M. Rana
TIME: 4.00pm
Name of the Judge (With Court room no.) HHJ Shri Kishore M. Jaiswal.
(Court Room No.1)
Date of Pronouncement of JUDGMENT/ORDER 13.08.2021
JUDGMENT/ORDER signed by P.O. on 17.8.2021
JUDGMENT/ORDER uploaded on 18.8.2021
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