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Final Order 1

CNR MHCC01002941201818 Jul 2026
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 18 Jul 2026 · CNR MHCC010029412018

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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 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
COURT 02 ADDL SESSIONS JUDGE
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