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SUIT - SHORT CAUSE CIVIL SUIT

Mehjabeen Iqbal BaigVsAyub Murtaza Khan Miyan Khan Surti +2 more

CNR MHCC0100231920189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100483/2018
Registration Date
16 Feb 2018
Next Hearing Date
23 Sept 2026
Case Stage
RECORDING EVIDENCE P.H.

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 36 · 37 · 38 · 39

    Case History / Proceedings

    Case History
    Date: 09-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 19-04-2018
    
    Date: 19-04-2018
    Business: Adv. Bhatt I/b Adv. Memon for Plaintiff present.
    Adjourned to 07.08.2018 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 07-08-2018
    
    Date: 07-08-2018
    Business: Matter adj. to 17/10/2018 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2018
    
    Date: 17-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2019
    
    Date: 11-01-2019
    Business: Adv. Memon for plaintiff present and filed Writ of summons.
    None present for defendant.
    Adjd. for hearing on NM to 17.01.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Plaintiff present. Her advocate absent.
    Defendant no.1 with Adv. Babita present.
    Adv. Prabhu for defendant nos.2,3 and 4/MHADA present.
    KB
    LO
    Adv. Iram Memon for plaintiff present.
    Adv. Kazi for defendant no.1 present and tendered copies of 12 documents.  Copies are given to the Ld. Advocate for the plaintiff.  Defendant nos.1 to 4 have failed to file their written statements within statutory period, as is pointed by Ld. Advocate for the plaintiff hence, suit to proceed without WS against all defendants.
    Ld. Advocate for plaintiff, after arguing the NM partly, seeks time to advance further argument by taking instructions from his client in respect of documents filed by defendant no.1 today.
    By consent adjd for further hearing in NM to 06.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Adv Ms. Iram Memon for plaintiff presnet.
    Adv Mrs. Prabhu for Defendant nos. 2,3,4/MHADA present.
    Deft no.1 present.
    On request of plaintiff advocate matter is adjourned to 11/03/2019 for notice of motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: As the court is busy in other matters on board. Hence, board is discharged.
    Matter is adjd. to 19.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2019
    
    Date: 21-10-2019
    Business: Holiday declared on account of Vidhansabha Election.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Adv.Memon for plaintiff present, she tendered additional affidavit on list of documents filed by defendant No.1. Copy is served on advocate defendant No.1.
    Adv. Rohit Jaiswal for defendant 1 present, he seeks adjournment as senior advocate is not available. O-granted.
    None for defendant No.2 to 4.
    Matter adj for NM hearing to 04.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: As Court is busy in hearing urgent matter and passing interim orders, board discharged.
    Matter adj for NM hearing on 13/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv.  Zuba Bubere for plaintiff is present. She seeks time for N/M hearing. O granted.
    Adv. Prabhu for defendant no.2, 3 and 4 is present.
    Adv. Rekha Chauhan for defendant no.1 is present.
    Matter is adjd. for N/M hearing  to  21/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present for plaintiff.
    None present for defendant.
    Matter is adjd. to 08.03.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Ms. Memon for the plaintiff.
    Adv. M. S. Kazi for the defendant No.1.
    Adv. Mr. Siddharth Chandrashekhar for the defendants 2 to 4.
    Matter is adjd. to 29/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Adv Palve present for plaintiff.
    Adv Sonia presnet for defendant no. 03.
    As court is busy in inspection of Notary Work,  hence, Matter adjourned for nm hrg. to. 18/10/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As  per Office Order No.213 of 2021. Holiday is declared today.
    Matter is adjd. to 10/12/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv Mr.Parve present for the plaintiff.
    Adv Mr.Quazi present for the defendant.
    Matter is adjd. to 07.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As per Office Order No.27 of 2022  dtd.06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2022 bearing No. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022. therefore, matter is adjourned on next date.
    Matter is adjd. to 22.04.2022 for N/M for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Court is busy in hearing High Court time bound matter in Stamp No. 6984/18 and R.E. in Suit No. 3641/2012.
    Hence, board is discharged.
    Matter is adjd. to 27.06.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None present for parties.
    Matter is adjd. to 18.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Deft.no. 1 present.
    Adv. Palve for plaintiff present and seeking time for hearing. Time granted.
    Matter is adjd. to 09.12.2022 for NM HEARING.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: Adv. Ibrahim Memon for plaintiff present and seeking adjournment. Adjournment Granted.
    Adv. Babita Malik for defendant present.
    Matter is adjd. to 30.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: As Court is busy in Dictating Judgments in Suit No. 639/2015 and Suit No.1778/2018. Hence, Board is discharged.
    Matter is adjourned to 17.03.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Adv. Asim Parve for plaintiff present.
    Defendant No.1 present.
    Adv. Khobragade for defendant Nos. 2 to 4 present.
    Matter is adjourned to 13.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Adv. Mr. Asim Parve for the plaintiff is present.
    Adv. Mr. Imran Dabir for defendant No. 1 is present.
    No reply is filed to NM by defendant Nos. 2 to 4. Hence, matter to proceed without reply defendant Nos. 2 to 4.
    Adjourned for NM hearing to 02.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Adv. Mr. Asim Parve for the plaintiff is present.
    Defendant No. 1 is present.
    Adv. Mr. Khobragade for defendant Nos. 2 to 4/MHADA is present.
    Adv. for the plaintiff seeks time for hearing on NM. Time is granted.
    Matter is adjourned to 20.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: Plaintiff present.
    Defendant No.1 is present.
    Adjourned for NM hearing to 23.11.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Adv. Mr. Asim Parge for the plaintiff is present.
    Defendant No. 1 is present.
    Adv. for the plaintiff submitted that there are chances of settlement and matter be kept for lok-adalat. Hence, matter is kept for lok-adalat.
    Matter is adjourned to 09.12.2023 for Lok-adalat. .
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-12-2023
    
    Date: 09-12-2023
    Business: NATIONAL LOK ADALAT HELD ON 09.12.2023 (PANEL-13)
    Matter pertains to CR No.09.
    Both the parties are present.
    Adv for plaintiff and defendants are absent.
    Matter is not settled before Lok Adalat.
    Adjourned to 10.01.2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Defendant no.1 is present.
    Adv. Mr.Memon for the plaintiff is present.
    Advocate for plaintiff seeks adjournment for NM hearing by submitting that advocate on record is unable to attend the Court due to personal difficulty. At the request of Advocate for plaintiff matter is adjourned for Hearing to 06.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Plaintiff is present.
    Defendant no.1 is present.
    Adv. Mr.Shoaib Memon for plaintiff is present.
    Adv. Mr.Kazi for defendant no.1 is present.
    With consent of both the parties matter is adjourned to 03.04.2024 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: None present for both the sides.
    Matter is adjourned to 19.06.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2024
    
    Date: 19-07-2024
    Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: Plaintiff no.1 present.
    Defendant no.1 present.
    Adv V.S. Khobragade for MHADA/defendant nos.2 and 3 present.
    Matter is adjourned 08.10.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: Adv. Asim Palve present for plaintiff and sought adjournment.
    Adv. Nidhi Pawar present for defendants.
    Defendant no. 1 present.
    As there are elements of settlement, matter is sent to Mediation.
    Matter is adjourned for mediation report to 21/11/24.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 21-11-2024
    
    Date: 21-11-2024
    Business: Adv. Asim Parvel present for plaintiff.
    Adv. Nidhi Pawar h/f Adv.  Khobragade for defendant/MHADA present.
    Matter is adjourned to 30/01/24 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: Plaintiff present.
    Adv. for plaintiff present.
    Defendant no. 1 present.
    Adv. for defendant no. 1 absent.
    None present for other defendants.
    Mediation report received as ‘failed’. t.o.r  marked as Exh. 6
    Matter is not settled. Hence, Matter is adjourned for NM hearing to  01/04/25.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2025
    
    Date: 01-04-2025
    Business: Adv. Aditya Tawde present for plaintiff and seeks time as his senior is not available today. O- Time granted as last chance.
    Adv. M.S. Kazi present for defendant No.1
    Matter is adjourned to 23.06.2025 for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2025
    
    Date: 23-06-2025
    Business: Adv. Asim Parve present for plaintiff and sought adjournment.
    O- Time granted..
    Adv. Ayub Khan present for defendants.
    Matter is adjourned to 19/07/25 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2025
    
    Date: 19-07-2025
    Business: None present for plaintiff.
    None present for defendants.
    As both parties and their advocates are absent, Matter is adjourned to 18/09/25 for NM hearing.  (Afternoon session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2025
    
    Date: 18-09-2025
    Business: Adv. Kashaan Shaikh present for plaintiff.
    D-1 present.
    Matter is adjourned to 19.11.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2025
    
    Date: 19-11-2025
    Business: Adv. Shoaib Memon present for plaintiff.
    Defendant no.1 present.
    Adv. Nita Shah h/f Adv. Kazi present for defendant and submitted that senior counsel is held up in other court. Hence, sought adjournment. O-Allowed.
    Matter is adjourned to 08.12.2025 for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-12-2025
    
    Date: 08-12-2025
    Business: Adv. Shoaib Memon present for plaintiff.
    Adv. Shivangi S. Rayak h/f Adv. Kazi present for defendant no.1.
    KB LO at 4.45pm
    Adv. Shoaib Memon for Plaintiff present.
    Adv. Shivangi S. Rayak h/f Adv. Kazi present for defendant no.1.
    Heard arguments of both the sides.
    Matter is adjourned to 20.12.2025 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: None present for plaintiff.
    Advocate Khobragade for defendant nos.2 and 3/MHADA present.
    F.R.S.R. following Order is passed
    ORDER
    1.Notice of Motion no.846 of 2018 stands rejected.
    2.The Notice of Motion disposed of accordingly.
    3.The order is digitally signed hence, it be uploaded on Case Information System (CIS) and the printout of the digitally signed order, additionally signed by me be kept on record as the physical record is maintained by the Court.
    Matter is adjourned to 19.01.2026 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-01-2026
    
    Date: 19-01-2026
    Business: None present for plaintiff.
    Defendant no.1 a/w Adv. Nita Shah present.
    No WS filed by the defendants. Hence, suit be proceeded further without their WS.
    Matter is adjourned to 23.03.2026 for Hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 23-03-2026
    
    Date: 23-03-2026
    Business: None present for plaintiff.
    Adv. Kazi present for defendant No.1.
    Roznama dated 20.12.2025 and 19.01.2026 shows the absence of the plaintiff and advocate on her behalf. Today also the plaintiff and her adv absent no application for adjd is filed on record. hence, keep the matter for argument.
    Matter is adjourned to  30.04.2026 for further order/arguments.
    Next Purpose: ORDER
    Next Hearing Date: 30-04-2026
    
    Date: 30-04-2026
    Business: As the Court is on leave.  Hence, board is discharged and matter stands adjd.
    Next Purpose: ORDER
    Next Hearing Date: 08-05-2026
    
    Date: 08-05-2026
    Business: Plaintiff and Defendant no.1 present.
    Adv. Prashant present for plaintiff.
    Advocate for defendants absent.
    Application filed by Advocate for plaintiff for seeking permission to lead evidence on behalf of the plaintiff. TOR and marked as Exh.7.
    Order passed below Exh.7
    Perused the roznama because of absence of plaintiff, on 23.03.2026, this matter is kept for further order/arguments. Today, the plaintiff is ready to lead evidence hence, considering submission and the grounds submitted the plaintiff is permitted to lead evidence subject to cost of Rs.500/- to be deposited in Court.
    KB LO at 12.21pm
    Advocate for plaintiff filed evidence affidavit of PW-01, Ms. Mehjabeen Iqbal Baig. TOR and marked as Exh.8. O-Read and recorded. He also filed documents alongwith list. TOR and marked as Exh.9. O-Other side to say. Copy served to the other side.
    Matter is adjourned to 17.06.2026 for Admission Denial.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 17-06-2026
    
    Date: 17-06-2026
    Business: Adv. Farid Mistry present alongwith plaintiff.
    Adv. Nita Shah h/f Adv. Kazi present for defendant no. 1.
    Adv. Amruta Kundap i/b Adv. Khobragade present for defendant/MHADA.
    advocate for defendant no. 1 submitted that she will file reply on the documents filed by the plaintiff. Considering submissions keep the matter on 23/07/2026.
    Matter is adjourned to 23/07/2026.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 23-07-2026
    
    Date: 23-07-2026
    Business: None present for plaintiff.
    Defendant no.1 a/w his Adv.  present.
    kb LO at 1.40pm
    Adv. Ibrahim Menon for Plaintiffs present.
    Advocate for defendant no.1 filed admission and denial statement. TOR and marked as Exh.10. O-RR.
    Matter is adjourned to 11.08.2026 for Hearing on documents.
    Next Purpose: HEARING
    Next Hearing Date: 11-08-2026
    
    Date: 11-08-2026
    Business: None present for plaintiff.
    Adv. Kazi present for defendant no.1.
    Heard advocate for defendant no.1. Perused the documents produced at Exh.9. The document at sr. no.1 (5 documents) are the rent receipts and are collectively marked as Exh.11 colly.
    Documents produced at sr. no.2 and 3 are the xerox copies therefore, same cannot be marked as Exhibit.
    Document at sr. no.4 is the deed of declaration recording surrender hence it is marked as Exh.12.
    Document at sr. no.5 (2 Electricity bills) are marked as Exh.13 colly.
    Documents at sr. nos.6 to 9 are the xerox copies hence, those are not marked as exhibit.
    Document at sr. no.10 is original ration card hence, it is a public document and thereby marked as Exh.14.
    Document at sr. no.11 is the xerox copy hence, it is not marked as exhibit.
    Document at sr. nos.12 and 13 are the documents received from MHADA hence, those are marked as Exh.15 and 16 Respectively.
    Document at sr. no.14 is the xerox copy hence cannot be marked as exhibit.
    Document at sr. no.15 is the OC of complaint dated 09.022018 hence, it is marked as Exh.17.
    As plaintiff is absent, Matter is adjourned to 27.08.2026 for cross-examination.
    LO at 11.52am
    Adv. Prashant Bhuvad h/f Adv. Shoaib Memon for Plaintiff present.
    Matter already adjd to 27.08.2026 for cross-examination.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 27-08-2026
    
    Date: 27-08-2026
    Business: Plaintiff present.
    Adv. Prashant Bhuval for Plaintiff present.
    Adv. Kazi present for defendant no.1.
    Advocate for defendant no.1 submitted that due to his illness he is unable to cross-examine the plaintiff and matter be adjourned. Moreso, Advocate for plaintiff submitted that he is going to file certified copies of some documents on record till next date. Hence considering inability on the part of Advocate for defendant no.1 as well as considering submission of Advocate for plaintiff, matter is adjourned till 23.09.2026.
    Matter is adjourned to 23.09.2026 for cross-examination.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 23-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102561/2018
    Filing Date: 13-02-2018
    First Hearing Date: 09th March 2018
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    09 Mar 2018

    Order Details: Other Pdf Text: :1: Adinterim order in S.C. Suit No. 483/2018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI S.C. SUIT NO. 483 OF 2018 Mehjabeen Iqbal Baig ] (nee) Mehjabeen Janmohammed Memon, ] (nee) Mehjabeen Janmohammed Ghadiwala ] ...Plaintiff. Vs. Ayub Murtaza Khan Miyan Khan Surti & 3 others ] ...Defendants. Appearance : Advocate Mr. Memon for the Plaintiff. Advocate Mr. Kazi for the Defendant No.1. Advocate Mrs. Prabhu for MHADA/Defendant Nos. 2, 3 and 4.…

    Read Full Order
    Order 1Full order available
    09 Mar 2018

    Order Details: Other Pdf Text: :1: Adinterim order in S.C. Suit No. 483/2018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI S.C. SUIT NO. 483 OF 2018 Mehjabeen Iqbal Baig ] (nee) Mehjabeen Janmohammed Memon, ] (nee) Mehjabeen Janmohammed Ghadiwala ] ...Plaintiff. Vs. Ayub Murtaza Khan Miyan Khan Surti & 3 others ] ...Defendants. Appearance : Advocate Mr. Memon for the Plaintiff. Advocate Mr. Kazi for the Defendant No.1. Advocate Mrs. Prabhu for MHADA/Defendant Nos. 2, 3 and 4.…

    Read Full Order

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