Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100406/2018 Judith Nogueira Emily Nogueira - Vinod Kumar Sharma Vs Manju S Upadhyaya And Ors Date : 18-07-2026 Business : None present for the parties. None for applicant in C/S since long time. On 05.07.2025 my predecessor has recorded that it was reported to him that plaintiff sold out the premises since long and his whereabouts are not known, whereas…
CHAMBER SUMMONS
Judith Nogueira Emily Nogueira - Vinod Kumar SharmaVsManju S Upadhyaya And Ors
CNR MHCC0100294120182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th July 2026
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 100406/2018
- Registration Date
- 27 Feb 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 14-03-2018 Reason For Adjournment: court time is over Next Purpose: CHAMBER SUMMONS Next Hearing Date: 07-04-2018 Date: 07-04-2018 Reason For Adjournment: court time is over Next Purpose: CHAMBER SUMMONS Next Hearing Date: 06-06-2018 Date: 06-06-2018 Business: Adv for the plffs and applicants in chamber summons no.406/18. Case laws filed by applicant. It is taken on record. Suit is adjd to 30/07/2018 for hearing on chamber summons no.406/18. Next Purpose: C/S HEARING Next Hearing Date: 30-07-2018 Date: 30-07-2018 Business: Adv. Kurane for Plaintiff present. Defendant present. Adjourned to 10.08.2018 for CH/s Hrg. Next Purpose: C/S HEARING Next Hearing Date: 10-08-2018 Date: 10-08-2018 Business: Court is vacant. Next Purpose: C/S HEARING Next Hearing Date: 27-08-2018 Date: 27-08-2018 Business: Court is vacant. Next Purpose: C/S HEARING Next Hearing Date: 04-10-2018 Date: 27-08-2018 Business: Court is vacant. Next Purpose: C/S HEARING Next Hearing Date: 04-10-2018 Date: 04-10-2018 Business: Court is vacant. Next Purpose: C/S HEARING Next Hearing Date: 25-10-2018 Date: 04-10-2018 Business: Court is vacant. Next Purpose: C/S HEARING Next Hearing Date: 25-10-2018 Date: 25-10-2018 Business: Court is vacant. Next Purpose: C/S HEARING Next Hearing Date: 06-12-2018 Date: 06-12-2018 Business: Plff and adv absent. Deft Nos. 2 and 3 present. KB LO (At 4.15 p.m.) Adv for plff present. Deft Nos. 2 and 3 also present. Adjd for CS hearing to 7.1.19. Next Purpose: C/S HEARING Next Hearing Date: 07-01-2019 Date: 07-01-2019 Business: P.O is on training. Matter is adjd. to 18.01.2019. Next Purpose: C/S HEARING Next Hearing Date: 18-01-2019 Date: 18-01-2019 Business: Adv. Mrs. Padma Singh for Plaintiff present. Defendant and his adv. absent. There is no reply filed by deft. no. 2 and 3 on Ch/s no. 406/18 - no reply of deft. order is passed. Matter is adjd. to 25.01.2019 at 2.45 p.m. for argument on Ch/s. L.O. at 4.50 p.m. Manju Upadhay for Deft. no. 1 present. Manju Upadhay tendered for Ch/s t.o.r. Next Purpose: C/S ARGUMENTS Next Hearing Date: 25-01-2019 Date: 25-01-2019 Business: Adv. Poonam Gupta for Plaintiff present. Manju Upadhyay defendant no.1 in person present. Sunil Upadhyay defendant no.2 in person present. Matter is adjd. for Rejoinder of applicant and Reply of Plaintiff no.2 Matter is adjd. to 27/02/19 for Rejoinder, Reply. Next Purpose: REJOINDER Next Hearing Date: 27-02-2019 Date: 27-02-2019 Business: Adv.Amit Kakri for Applicant no.1 present. Manju Upadhyay defendant no.1 present. Sunil Upadhyay Defendant no.2 present. Rejoinder reply filed by applicant no.1. Matter is adjd. to 10/04/2019 for Rejoinder of Def. Next Purpose: REJOINDER Next Hearing Date: 10-04-2019 Date: 27-02-2019 Business: Adv.Amit Kakri for Applicant no.1 present. Manju Upadhyay defendant no.1 present. Sunil Upadhyay Defendant no.2 present. Rejoinder reply filed by applicant no.1. Matter is adjd. to 10/04/2019 for Rejoinder of Def. Next Purpose: REJOINDER Next Hearing Date: 10-04-2019 Date: 10-04-2019 Business: None present. Matter is adjd.for rejoinder on 12.07.2019. Next Purpose: REJOINDER Next Hearing Date: 12-07-2019 Date: 10-04-2019 Business: None present. Matter is adjd.for rejoinder on 12.07.2019. Next Purpose: REJOINDER Next Hearing Date: 12-07-2019 Date: 12-07-2019 Business: Adv. Ms. Lilavati Prabhu for plaintiff present. Adv. for defendant present. Mr. Sunil Upadhya, Deft no.2 is present, prayed for adjd. No reply order pass by this court on 18.02.2019 is a shown to deft no.2. Matter is adjd. for reply on 04.10.2019. Next Purpose: REPLY Next Hearing Date: 04-10-2019 Date: 04-10-2019 Business: Adv. Rashi Agarwal for Plaintiff present. Defendant no.3- Manju Upadhyay prayed for short adjournment for filing reply of defendant no.2. Suit is 37 years old. Learned advocate for plaintiff is ready for argument. However, defendant no.3 is not ready to argue, despite intimation to her that suit is 37 years old and no reply order is already passed by this court against defendant no.2 on 18.01.2019. Hence, longer date is given. Matter is adjd. to 20.12.2019 for arguments on CS. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 20-12-2019 Date: 20-12-2019 Business: Adv. Amit Kakri for plaintiff present. Heard Adv. for plaintiff. I have gone through the plaint. The executor of will ie. Vinod Sharma expired therefore Chamber summons bearing No. 406/18 is filed by beneficiaries of the will. Adv. for plaintiff has drawn my attention to order passed by Honble High court in Testamentary Suit No.97/98 in Testamentary Petition No. 674/96 with NM No. 113/2011 dt. 12/03/2018. The said order is in respect of Testamentary petition. The defendant Manju and Sunil Upadhyay are present before the court. They are the parties in Testamentary petition as per contention of Adv. for plaintiff and defendants present in the court. Unless Testamentary Suit is decided the beneficiaries cannot be taken on record in the suit. Therefore hearing of Chamber summons is adjourned. Adjd for CS hearing to 06/03/2020. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 06-03-2020 Date: 06-03-2020 Business: Defendant in person present. None present on behalf of plaintiff. Plaintiff absent. Defendant in person stated that testamentary petition is on 12.03.2020. Adjd for Chamber summons hearing to 13/04/2020. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 13-04-2020 Date: 13-04-2020 Next Purpose: CHAMBER SUMMONS Next Hearing Date: 28-04-2020 Date: 28-04-2020 Reason For Adjournment: National Lock Down Next Purpose: CHAMBER SUMMONS Next Hearing Date: 19-05-2020 Date: 28-04-2020 Reason For Adjournment: National Lock Down Next Purpose: CHAMBER SUMMONS Next Hearing Date: 19-05-2020 Date: 19-05-2020 Business: National Lock Down Next Purpose: CHAMBER SUMMONS Next Hearing Date: 06-06-2020 Date: 19-05-2020 Business: National Lock Down Next Purpose: CHAMBER SUMMONS Next Hearing Date: 06-06-2020 Date: 06-06-2020 Business: National lockdown Next Purpose: CHAMBER SUMMONS Next Hearing Date: 24-06-2020 Date: 06-06-2020 Business: National lockdown Next Purpose: CHAMBER SUMMONS Next Hearing Date: 24-06-2020 Date: 24-06-2020 Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 02-07-2020 Date: 24-06-2020 Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 02-07-2020 Date: 02-07-2020 Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 22-07-2020 Date: 02-07-2020 Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 22-07-2020 Date: 22-07-2020 Business: Due to lockdown, board discharged. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 07-09-2020 Date: 22-07-2020 Business: Due to lockdown, board discharged. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 07-09-2020 Date: 07-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: CHAMBER SUMMONS Next Hearing Date: 06-11-2020 Date: 07-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: CHAMBER SUMMONS Next Hearing Date: 06-11-2020 Date: 06-11-2020 Reason For Adjournment: National Lock Down Next Purpose: CHAMBER SUMMONS Next Hearing Date: 25-01-2021 Date: 06-11-2020 Reason For Adjournment: National Lock Down Next Purpose: CHAMBER SUMMONS Next Hearing Date: 25-01-2021 Date: 25-01-2021 Business: Adv. Himali Bane for plaintiff present. None for deft. Today matter is for CH/S. The Ld. Adv.for plff seeks time to argue. Time granted till next date. The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons. Matter adjd for CH/S hearing on 25.02.2021. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 25-02-2021 Date: 25-01-2021 Business: Adv. Himali Bane for plaintiff present. None for deft. Today matter is for CH/S. The Ld. Adv.for plff seeks time to argue. Time granted till next date. The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons. Matter adjd for CH/S hearing on 25.02.2021. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 25-02-2021 Date: 25-02-2021 Business: Adv. Shayni Roy for plaintiff present. None for defendant. She seeks time to CS hearing. Time granted till next date. Matter adjd for CS hearing to 12-04-2021. Next Purpose: C/S HEARING Next Hearing Date: 12-04-2021 Date: 12-04-2021 Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 78/2021 dtd. 09.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. RG/1611/32/2021 dtd. 09.04.2021 declared holiday for the court on Monday 12.04.2021 so as to take precautionary measures and to break the chain of Corona virus, and court will be functioning on Saturday, 12.06.2021 (Second Saturday) in lieu of aforesaid holiday, to maintain 235 Court Working days in the Calendar year. Next Purpose: C/S HEARING Next Hearing Date: 12-06-2021 Date: 12-06-2021 Business: In view of Office Order No. 104/2021 dated 10.06.2021, as holiday declared on 12.06.2021, Hence matter is adjd to Next Purpose: C/S HEARING Next Hearing Date: 17-08-2021 Date: 12-06-2021 Business: In view of Office Order No. 104/2021 dated 10.06.2021, as holiday declared on 12.06.2021, Hence matter is adjd to Next Purpose: C/S HEARING Next Hearing Date: 17-08-2021 Date: 17-08-2021 Business: Adv Akshay Patil for applicant present. None for defendant. Matter adjd for CS hearing to 08-10-2021. Next Purpose: C/S HEARING Next Hearing Date: 08-10-2021 Date: 08-10-2021 Business: None for plaintiff. Manju Upadhay for legal heir present. Matter adjd for CS hearing to 03-12-2021. Next Purpose: C/S HEARING Next Hearing Date: 03-12-2021 Date: 03-12-2021 Business: None present for plff None present for defendant. Adv. Avishkar Sawant for applicant present. Matter Adjd for CS Hearing on 14/01/2022. Next Purpose: C/S HEARING Next Hearing Date: 14-01-2022 Date: 14-01-2022 Business: P. O. is on leave. Next Purpose: C/S HEARING Next Hearing Date: 25-02-2022 Date: 14-01-2022 Business: P. O. is on leave. Next Purpose: C/S HEARING Next Hearing Date: 25-02-2022 Date: 25-02-2022 Business: Adv. Akshay Patil for plaintiff present. None present for defendant. Ld. Adv. for submitted that, testamentary suit is pending before Hon\''ble High Court. Hence time be granted. Matter Adjd for CS Hearing on 18/04/2022. Next Purpose: C/S HEARING Next Hearing Date: 18-04-2022 Date: 18-04-2022 Business: None present for plaintiff. Defendant No.3 is present. Later on at 03.53 Adv. Akshay Patil for plaintiff present. Matter Adjd for CS Hearing on 05/07/2022. Next Purpose: C/S HEARING Next Hearing Date: 05-07-2022 Date: 05-07-2022 Business: Adv. Anis Ghogari for Applicant in CS present. None present for defendant. Matter Adjd for CS Hearing on 22/08/2022. Next Purpose: C/S HEARING Next Hearing Date: 22-08-2022 Date: 22-08-2022 Business: Adv. Akshay Patil for Plaintiff present. None present for defendant. Ld. Adv. for plff submitted that, testamentary suit is pending before Hon\''ble High Court and hence time be granted. Matter Adjd for CS Hearing on 04/11/2022. Next Purpose: C/S HEARING Next Hearing Date: 04-11-2022 Date: 22-08-2022 Business: Adv. Akshay Patil for Plaintiff present. None present for defendant. Ld. Adv. for plff submitted that, testamentary suit is pending before Hon\''ble High Court and hence time be granted. Matter Adjd for CS Hearing on 04/11/2022. Next Purpose: C/S HEARING Next Hearing Date: 04-11-2022 Date: 04-11-2022 Business: Adv. Akshay Patil for plaintiff present. None present for defendant. Ld. Adv. for plff submitted that, testamentary suit is pending before Hon\''ble High Court and hence time be granted. Matter Adjd for CS Hearing on 20/12/2022. Next Purpose: C/S HEARING Next Hearing Date: 20-12-2022 Date: 04-11-2022 Business: Adv. Akshay Patil for plaintiff present. None present for defendant. Ld. Adv. for plff submitted that, testamentary suit is pending before Hon\''ble High Court and hence time be granted. Matter Adjd for CS Hearing on 20/12/2022. Next Purpose: C/S HEARING Next Hearing Date: 20-12-2022 Date: 20-12-2022 Business: Adv. Akhil Dingankar for plaintiff present. None present for defendant. Ld. Adv. for plff submitted that, the testamentary suit is pending before Hon\''ble High Court and hence time be granted. Matter Adjd for CS Hearing on 21/02/2023. Next Purpose: C/S HEARING Next Hearing Date: 21-02-2023 Date: 21-02-2023 Business: None for plaintiff. Defendant no.3 present. Defendant no.3 submitted that, the testamentary suit is pending before Hon\''ble High Court and hence time be granted. Matter Adjd for C/S hearing on 19.04.2023. Next Purpose: C/S HEARING Next Hearing Date: 19-04-2023 Date: 21-02-2023 Business: None for plaintiff. Defendant no.3 present. Defendant no.3 submitted that, the testamentary suit is pending before Hon\''ble High Court and hence time be granted. Matter Adjd for C/S hearing on 19.04.2023. Next Purpose: C/S HEARING Next Hearing Date: 19-04-2023 Date: 19-04-2023 Business: Adv. Bhosale h/f Ajay Law Asso. for plaintiff present. None present for defendant. Matter Adjd for CS Hearing on 20/06/2023. Next Purpose: C/S HEARING Next Hearing Date: 20-06-2023 Date: 20-06-2023 Business: P. O. is on Training. Hence, Matter is adjourned. Next Purpose: C/S HEARING Next Hearing Date: 27-07-2023 Date: 27-07-2023 Business: P.O. is on leave. Hence, matter is adjourned. Next Purpose: C/S HEARING Next Hearing Date: 19-08-2023 Date: 27-07-2023 Business: P.O. is on leave. Hence, matter is adjourned. Next Purpose: C/S HEARING Next Hearing Date: 19-08-2023 Date: 19-08-2023 Business: Both parties are absent when called. Adv. Ramesh Mandan for plaintiff is present. None present for defendant. Ld. counsel for the plaintiff submitted that testamentary suit connected with this matter is pending and request to adjourned the matter till disposal of testamentary. Hence, adjourned. Matter Adjd for C/s hearing to 30.10.2023. Next Purpose: C/S HEARING Next Hearing Date: 30-10-2023 Date: 19-08-2023 Business: Both parties are absent when called. Adv. Ramesh Mandan for plaintiff is present. None present for defendant. Ld. counsel for the plaintiff submitted that testamentary suit connected with this matter is pending and request to adjourned the matter till disposal of testamentary. Hence, adjourned. Matter Adjd for C/s hearing to 30.10.2023. Next Purpose: C/S HEARING Next Hearing Date: 30-10-2023 Date: 30-10-2023 Business: P. O. is on leave. Next Purpose: C/S HEARING Next Hearing Date: 21-12-2023 Date: 21-12-2023 Business: P. O. is on leave. Next Purpose: C/S HEARING Next Hearing Date: 16-02-2024 Date: 21-12-2023 Business: P. O. is on leave. Next Purpose: C/S HEARING Next Hearing Date: 16-02-2024 Date: 16-02-2024 Business: Court is Vacant. Next Purpose: C/S HEARING Next Hearing Date: 26-04-2024 Date: 16-02-2024 Business: Court is Vacant. Next Purpose: C/S HEARING Next Hearing Date: 26-04-2024 Date: 26-04-2024 Business: P.O. is on Training Next Purpose: C/S HEARING Next Hearing Date: 12-07-2024 Date: 26-04-2024 Business: P.O. is on Training Next Purpose: C/S HEARING Next Hearing Date: 12-07-2024 Date: 12-07-2024 Business: Plaintiff and defendants are absent. Counsels are absent. Matter is adjourned to 03.08.2024 for Ch/Hearing. Next Purpose: C/S HEARING Next Hearing Date: 03-08-2024 Date: 12-07-2024 Business: Plaintiff and defendants are absent. Counsels are absent. Matter is adjourned to 03.08.2024 for Ch/Hearing. Next Purpose: C/S HEARING Next Hearing Date: 03-08-2024 Date: 03-08-2024 Business: P.O. is on Leave. Next Purpose: C/S HEARING Next Hearing Date: 13-09-2024 Date: 13-09-2024 Business: P.O. is on leave. Next Purpose: C/S HEARING Next Hearing Date: 14-10-2024 Date: 13-09-2024 Business: P.O. is on leave. Next Purpose: C/S HEARING Next Hearing Date: 14-10-2024 Date: 14-10-2024 Business: None present. Later on Defendant present. Matter is adjourned to 12.12.2024 for Ch/s hearing. Next Purpose: C/S HEARING Next Hearing Date: 12-12-2024 Date: 12-12-2024 Business: P.O is on Leave. Next Purpose: C/S HEARING Next Hearing Date: 17-01-2025 Date: 12-12-2024 Business: P.O is on Leave. Next Purpose: C/S HEARING Next Hearing Date: 17-01-2025 Date: 17-01-2025 Business: Both parties and advocate absent. Matter is adjourned for C/S hearing on 31.01.2025. Next Purpose: C/S HEARING Next Hearing Date: 31-01-2025 Date: 31-01-2025 Business: Both parties and advocate absent. Matter is adjourned for C/S hearing on 27.02.2025. Next Purpose: C/S HEARING Next Hearing Date: 27-02-2025 Date: 27-02-2025 Business: Both parties and advocate absent. Matter is adjourned for C/S hearing on 04.04.2025. Next Purpose: C/S HEARING Next Hearing Date: 04-04-2025 Date: 04-04-2025 Business: Both parties and advocate absent. Later on at 4.00 P.M. Defendant no.3 present. Issue notice to plaintiff and other defendants through Bailiff. Matter is adjourned for C/S hearing on 03.05.2025. Next Purpose: C/S HEARING Next Hearing Date: 03-05-2025 Date: 03-05-2025 Business: P.O IS ON LEAVE. Next Purpose: C/S HEARING Next Hearing Date: 05-07-2025 Date: 03-05-2025 Business: P.O IS ON LEAVE. Next Purpose: C/S HEARING Next Hearing Date: 05-07-2025 Date: 05-07-2025 Business: None for plaintiff. Defendant no. 3 is present. None for other defendants. Notice was issued through Court motion to plaintiff and defendants no. 1 and 2. Reports of the bailiff are received. Those are taken on record and marked as Exhibit-4 and 5. O- Seen and filed. Regarding plaintiff it is reported that, he has sold out the premises since long and his present whereabouts are not known. Regarding defendants no. 1 and 2, bailiff has reported that, defendant no.1 passed away on 14.12.2024 and defendant no. 2 was not found at the time of service as he was out of station. But the defendant no. 3 submits that, defendant no. 2 -Sunil Kumar passed away on 14.12.2024. She further brought to the notice of the Court that, Testamentary Petition no. 97/1998 is still pending before Honble High Court and on 20.12.2019, the predecessor of this Court has passed order that, unless that Testamentary petition is decided, beneficiaries cannot be taken on record and this suit cannot be proceeded with. Issue notice to the legal heirs of defendant no.1. Matter adjourned to 11.09.2025 for awaiting report of notice to the legal heirs of defendant no.1. Next Purpose: REPORT Next Hearing Date: 11-09-2025 Date: 11-09-2025 Business: Court is vacant. Hence adjourned. Next Purpose: REPORT Next Hearing Date: 04-11-2025 Date: 04-11-2025 Business: P. O IS ON LEAVE Next Purpose: REPORT Next Hearing Date: 20-12-2025 Date: 04-11-2025 Business: P. O IS ON LEAVE Next Purpose: REPORT Next Hearing Date: 20-12-2025 Date: 20-12-2025 Business: PO is on leave, hence adjourned. Next Purpose: REPORT Next Hearing Date: 27-01-2026 Date: 20-12-2025 Business: PO is on leave, hence adjourned. Next Purpose: REPORT Next Hearing Date: 27-01-2026 Date: 27-01-2026 Business: None present for the parties. Sheristedar submitted that after verifying record she didnt find LRs for issuing notices as per order dated 25.07.2025. Matter adjourned to 13.02.2026 for C/S hearing. Later on at 4.00 P.M. Defendant no. 3 is present. At the request of defendant no. 3 matter is adjourned to 27.02.2026 for C/S hearing. Next Purpose: C/S HEARING Next Hearing Date: 27-02-2026 Date: 27-02-2026 Business: None present for plaintiff. Defendant no. 3 in person is present. Matter adjourned to 22.04.2026 for C/S hearing. Next Purpose: C/S HEARING Next Hearing Date: 22-04-2026 Date: 22-04-2026 Business: None for plaintiff is present. Defendant no. 3 is present. Matter adjourned to 03.07.2026 for C/S hearing. Next Purpose: C/S HEARING Next Hearing Date: 03-07-2026 Date: 03-07-2026 Business: CORAM COURT IS VACANT. None present for the parties. Matter adjourned to 18.07.2026 for C/S hearing. Next Purpose: C/S HEARING Next Hearing Date: 18-07-2026 Date: 18-07-2026 Business: None present for the parties. None for applicant in C/S since long time. On 05.07.2025 my predecessor has recorded that it was reported to him that plaintiff sold out the premises since long and his whereabouts are not known, whereas the bailiff reported that defendant no. 1 passed away on 14.12.2024. He has also noted the order of Honble High Court dated 12.03.2018 in testamentary suit no. 97/98 and the fact that unless testamentary petition is decided, beneficiaries (Like applicant in C/S ) cannot be taken on record. The applicant has not been turning up to the Court since a long time. Hence Chamber summons is dismissed in default. Even otherwise, for the want of decision in testamentary suit, he could not have been taken on record. Considering the old pendency and the report of bailiff that plaintiff had sold out the premises since long and defendant no. 1 is no more and that plaintiff is also no more, post the suit for Dismissal / abatement. Matter adjourned to 30.07.2026 for Dismissal / abatement. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 18-07-2026
Additional Case Details
Additional Case Details
Filing Number: 103331/2018 Filing Date: 27-02-2018 First Hearing Date: 14th March 2018 Decision Date: 18th July 2026 Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
18 Jul 2026
Order 1Full order available
18 Jul 2026
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100406/2018 Judith Nogueira Emily Nogueira - Vinod Kumar Sharma Vs Manju S Upadhyaya And Ors Date : 18-07-2026 Business : None present for the parties. None for applicant in C/S since long time. On 05.07.2025 my predecessor has recorded that it was reported to him that plaintiff sold out the premises since long and his whereabouts are not known, whereas…
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