NOTICE OF MOTION
Mr Ali Akbar Mohammed Sami Choudhaari And OrsVsMrs Shaheen Ali Sayed And Ors
CNR MHCC01009444201964-COURT 64 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 103464/2019
- Registration Date
- 17 Sept 2019
- Next Hearing Date
- 23 Oct 2026
- Case Stage
- HEARING
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec 37
Case History / Proceedings
Case History
Date: 18-09-2019
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. for plaintiff present.
Adv. Hardik Desai for defendant No. 2,4 and 5 present.
Adv. for plaintiff tendered original NM No. 3464/19. t.o.r.
Heard adv. for plaintiff and adv. for defendant No. 2,4 and 5 for CS No. 209/17.
Sheristedar stated that the file is not searched. The file be searched and put up for further orders.
Adjd for CS orders to 23/11/2019
Later on
The file is searched by the concerned clerk as reported by sheristedar.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Aditya Khare for plaintiff present.
Adv. Ansari Ayaz Ahmad for defendant present.
Adv. for defendant filed reply to NM No. 3464/19. t.o.r.
Adjd for CS orders to 20/12/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Yashvi Panchal for plaintiff present.
Adv. Shoaib I. Memon for defendant absent.
Adjd for CS orders to 23/01/2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Iram Memon for defendant present.
FRSR the following order is passed in Chamber summons No. 209/17
ORDER
1. The chamber summons no. 209 of 2017 is allowed on payment of cost of Rs. 5,000/- (Rupees Five Thousand Only) to be deposited to the District Legal Aid, Mumbai.
2. On payment of above cost within above period, the defendant nos. 2, 4 and 5 are allowed to file the written statement by condoning the delay.
3. Accordingly, chamber summon is disposed of
Adjd for compliance to 24/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Aditya Khare h/f P.D. Gandhi for plaintiff present.
None for defendant.
Today matter is for compliance of order dated 23-01-2020 passed in CS no 209/2017.
Ld Adv for plaintiff seeks time to comply of said order on the ground that due to Lockdown the said order is not complied. Time granted till next date for compliance.
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 compliance to 24-03-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Yashmi Panchal for plaintiff present.
Adv. Kaustubh Patil for defendant no.2,4 and 8 present.
Ld adv for defendant submits that short time be given to comply the order dated 23-01-2020.
Perused roznama/noting dated 23-01-2020. On that day CS no. 209 of 2017 is allowed subject to costs of Rs.5,000/-(Five Thousand only).
Time granted till next date to comply order dated 23-01-2020.
Matter adjd for compliance to 23-06-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2021
Date: 23-06-2021
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2021
Date: 23-06-2021
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv. Yashvi Panchal for plaintiff present.
None for defendant.
Ld adv for plaintiff seeks time for the comply the order dated 23-01-2020. Time is granted as a last chance.
Matter adjd for compliance to 14-10-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: None present for plaintiff.
Adv. Asim Parve defendant no.1 present.
Adv. Shaikh for defendant No. 2 to 5 present.
Ld Adv. For deft no. 2 to o5 sought time to comply the order dt.23.01.2020. Already sufficient time has been granted. Last chance was given on previous date and hence further time cannot be granted.
Matter Adjd to 11/01/2022 for order for non compliance of the order dt.23.01.2020.
Next Purpose: ORDER
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: P. O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 29-01-2022
Date: 11-01-2022
Business: P. O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 29-01-2022
Date: 11-01-2022
Business: P. O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None for plaintiff.
Adv. B. M. Shaikh alongwith Adv B. M. Khan for defendant no. 2 to 5 present.
Exh - 7 Application for extension of time. Order other side to say.
Matter Adjd for say on Exhibit 7 to 07.03.2022
Judge
Next Purpose: FILING SAY
Next Hearing Date: 07-03-2022
Date: 29-01-2022
Business: None for plaintiff.
Adv. B. M. Shaikh alongwith Adv B. M. Khan for defendant no. 2 to 5 present.
Exh - 7 Application for extension of time. Order other side to say.
Matter Adjd for say on Exhibit 7 to 07.03.2022
Judge
Next Purpose: FILING SAY
Next Hearing Date: 07-03-2022
Date: 29-01-2022
Business: None for plaintiff.
Adv. B. M. Shaikh alongwith Adv B. M. Khan for defendant no. 2 to 5 present.
Exh - 7 Application for extension of time. Order other side to say.
Matter Adjd for say on Exhibit 7 to 07.03.2022
Judge
Next Purpose: FILING SAY
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: None present for plaintiff.
Adv. Desai for defendant No.1 present.
Adv. Shaikh for defendant No.2 to 5 present.
Ld. Adv. for defendant No.1 sought time for compliance of the order. Time granted as a last chance.
Later on at 03.54 pm.
Adv. Aditya Khare for plaintiff present.
Matter Adjd for compliance on 30/03/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv. Aditya Khare for plaintiff present.
Adv. Rajkumar for defendant No.2,4 and 5
Ld. Adv. for plaintiff submitted that, the defendant no.2, 4 and 5 had complied the order dt.23/01/2020 in CS No.209 of 2017.
Time sought for filing written statement.
Matter Adjd for filing written statement on 20/06/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: None present.
Later on at 03.32 pm.
Adv. Hardik Desai for plaintiff present.
Matter Adjd for filing written statement as a last chance on 21/07/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: None present for plaintiff.
Adv. B. M. Shaikh for defendant No.2, 4 and 5 present.
Exh.08 - Written statement on behalf of defendant No.2, 4 and 5. O-read and recorded.
Defendant is directed to serve the copy of written statement to plaintiff.
Matter Adjd for NM Hearing on 06/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2022
Date: 21-07-2022
Business: None present for plaintiff.
Adv. B. M. Shaikh for defendant No.2, 4 and 5 present.
Exh.08 - Written statement on behalf of defendant No.2, 4 and 5. O-read and recorded.
Defendant is directed to serve the copy of written statement to plaintiff.
Matter Adjd for NM Hearing on 06/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2022
Date: 21-07-2022
Business: None present for plaintiff.
Adv. B. M. Shaikh for defendant No.2, 4 and 5 present.
Exh.08 - Written statement on behalf of defendant No.2, 4 and 5. O-read and recorded.
Defendant is directed to serve the copy of written statement to plaintiff.
Matter Adjd for NM Hearing on 06/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: None present.
Matter Adjd for NM Hearing on 05/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv. P.G. Chudasama for plaintiff present.
Adv. Parve for defendant No.1 present.
Ld. Adv. for plff submitted that, defendant no.5 expired and hence time be granted.
Matter Adjd for steps on 01/02/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-02-2023
Date: 05-12-2022
Business: Adv. P.G. Chudasama for plaintiff present.
Adv. Parve for defendant No.1 present.
Ld. Adv. for plff submitted that, defendant no.5 expired and hence time be granted.
Matter Adjd for steps on 01/02/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-02-2023
Date: 05-12-2022
Business: Adv. P.G. Chudasama for plaintiff present.
Adv. Parve for defendant No.1 present.
Ld. Adv. for plff submitted that, defendant no.5 expired and hence time be granted.
Matter Adjd for steps on 01/02/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Aditya Khare for plaintiff present.
Adv. Memon for defendant No.1 present.
Draft chamber summons alongwith affidavit in support tendered by plff.
Order - Leave is granted to register the chamber summons.
Copy of draft CS supplied to Adv for defendant No.1 today in court.
Matter Adjd for tendering original registered CS on 20/03/2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: Adv. B. S. Yadav for defendant no.2 to 4 present at 12.38 pm.
Kb...
Later on at 02.57 pm.
Adv. Aditya Khare for plaintiff preset.
Ld. Adv. for plaintiff tendered original registered CS No.311/23 TOR.
Exh.09 - Application for withdrawal of vakalatnama on behalf of deft no.1 and 2. O-Application is allowed.
Issue notice to defendant no.1 and 2 on court motion through bailiff.
Matter Adjd for report on 03/05/2023.
Next Purpose: REPORT
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: P.O. is on leave
Next Purpose: REPORT
Next Hearing Date: 21-07-2023
Date: 03-05-2023
Business: P.O. is on leave
Next Purpose: REPORT
Next Hearing Date: 21-07-2023
Date: 03-05-2023
Business: P.O. is on leave
Next Purpose: REPORT
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: P.O.is on leave.
Next Purpose: REPORT
Next Hearing Date: 04-09-2023
Date: 21-07-2023
Business: P.O.is on leave.
Next Purpose: REPORT
Next Hearing Date: 04-09-2023
Date: 21-07-2023
Business: P.O.is on leave.
Next Purpose: REPORT
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 18-10-2023
Date: 04-09-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 18-10-2023
Date: 04-09-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 13-12-2023
Date: 18-10-2023
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 13-12-2023
Date: 18-10-2023
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 22-02-2024
Date: 13-12-2023
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 22-02-2024
Date: 13-12-2023
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Court is Vacant.
Next Purpose: REPORT
Next Hearing Date: 08-04-2024
Date: 22-02-2024
Business: Court is Vacant.
Next Purpose: REPORT
Next Hearing Date: 08-04-2024
Date: 22-02-2024
Business: Court is Vacant.
Next Purpose: REPORT
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Court is on Leave
Next Purpose: REPORT
Next Hearing Date: 26-06-2024
Date: 08-04-2024
Business: Court is on Leave
Next Purpose: REPORT
Next Hearing Date: 26-06-2024
Date: 08-04-2024
Business: Court is on Leave
Next Purpose: REPORT
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Business: Adv Hardik Desai for plaintiff present.
None for defendant.
Adv for plaintiff file Vakalatnama taken on record mark as Exh. 10.
Matter is adjourned to 14.08.2024 for Report.
Next Purpose: REPORT
Next Hearing Date: 14-08-2024
Date: 26-06-2024
Business: Adv Hardik Desai for plaintiff present.
None for defendant.
Adv for plaintiff file Vakalatnama taken on record mark as Exh. 10.
Matter is adjourned to 14.08.2024 for Report.
Next Purpose: REPORT
Next Hearing Date: 14-08-2024
Date: 26-06-2024
Business: Adv Hardik Desai for plaintiff present.
None for defendant.
Adv for plaintiff file Vakalatnama taken on record mark as Exh. 10.
Matter is adjourned to 14.08.2024 for Report.
Next Purpose: REPORT
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: None for plaintiff present.
Adv. Prajyot Savardekar for defendant No.2 present and filed VP taken on record and marked as Exh.
Defendant No.2 present.
No service affidavit of Ch.S 311/23 is filed since 14.02.2023. Plaintiff to file service affidavit by next date failing which necessary order well be passed.
Later on
Adv. Hardik Desai for plaintiff present.
Matter is adjourned to 24.09.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2024
Date: 14-08-2024
Business: None for plaintiff present.
Adv. Prajyot Savardekar for defendant No.2 present and filed VP taken on record and marked as Exh.
Defendant No.2 present.
No service affidavit of Ch.S 311/23 is filed since 14.02.2023. Plaintiff to file service affidavit by next date failing which necessary order well be passed.
Later on
Adv. Hardik Desai for plaintiff present.
Matter is adjourned to 24.09.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2024
Date: 14-08-2024
Business: None for plaintiff present.
Adv. Prajyot Savardekar for defendant No.2 present and filed VP taken on record and marked as Exh.
Defendant No.2 present.
No service affidavit of Ch.S 311/23 is filed since 14.02.2023. Plaintiff to file service affidavit by next date failing which necessary order well be passed.
Later on
Adv. Hardik Desai for plaintiff present.
Matter is adjourned to 24.09.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Adv. Tejas Shah for plaintiff present and filed affidavit of service of Ch/s taken on record and marked as Exh.
Adv. Prajyot Savardekar for defendant No.2 present.
Matter is adjourned to 13.11.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-11-2024
Date: 24-09-2024
Business: Adv. Tejas Shah for plaintiff present and filed affidavit of service of Ch/s taken on record and marked as Exh.
Adv. Prajyot Savardekar for defendant No.2 present.
Matter is adjourned to 13.11.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-11-2024
Date: 24-09-2024
Business: Adv. Tejas Shah for plaintiff present and filed affidavit of service of Ch/s taken on record and marked as Exh.
Adv. Prajyot Savardekar for defendant No.2 present.
Matter is adjourned to 13.11.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-11-2024
Date: 13-11-2024
Business: Adv. Sayali Khare for plaintiff present and filed service affidavit taken on record and marked as Exh.12. Order - Service affidavit read and recorded.
None for defendant present.
Matter is adjourned to 13.02.2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-02-2025
Date: 13-11-2024
Business: Adv. Sayali Khare for plaintiff present and filed service affidavit taken on record and marked as Exh.12. Order - Service affidavit read and recorded.
None for defendant present.
Matter is adjourned to 13.02.2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-02-2025
Date: 13-11-2024
Business: Adv. Sayali Khare for plaintiff present and filed service affidavit taken on record and marked as Exh.12. Order - Service affidavit read and recorded.
None for defendant present.
Matter is adjourned to 13.02.2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-02-2025
Date: 13-02-2025
Business: Matter received from Mazgaon Court.
Adv. Tejal Shah for plaintiff is present.
None present for defendant.
Matter adjd to 03.04.2025 for service of CHS.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 03-04-2025
Date: 03-04-2025
Business: Adv. Tejas Shah for plaintiff is present and undertake to give notice to defendant for appearance. Private service allowed on oral request.
None present for defendant.
Matter adjd to 25.06.2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-06-2025
Date: 25-06-2025
Business: Adv. Hridaya Mistry for plaintiff is present and filed affidavit of service of notice on advocate of defendant no.1 and 2 and on the proposed defendant. TOR.
None present for defendant.
Matter adjd to 04.08.2025 for service of notice on remaining defendants.
Next Purpose: SERVICE
Next Hearing Date: 04-08-2025
Date: 04-08-2025
Business: Adv. Tejas Shah for plaintiff is present and seek time to file service affidavit. O- Time granted.
None present for defendant.
Matter adjd to 17.10.2025 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: Adv. Tejas Shah for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 29.11.2025 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2025
Date: 29-11-2025
Business: Adv. Darshi Jhaveri h/f Adv. Tejjas Shah for plaintiff is present and seek time for filing service affidavit. O- Time granted.
None present for defendant.
Matter adjd to 23.01.2026 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-01-2026
Date: 23-01-2026
Business: Adv. Tejas Shah for plaintiff is present.
None present for defendant.
Heard Adv. for the plaintiff. He has prayed to allow this chamber summons no.311/2025 which is pending since 2023. He states that this chamber summons is filed only to bring the legal heirs of defendant no.5 on record. The other defendants are not interested in pursuing the suit. Nobody has opposed this chamber summons. He states that the delay caused in filing the chamber summons should be condoned in the interest of justice.
The defendant no.5 is reported to have died on 04.05.2021. Her death certificate is filed on record. Her legal heirs ought to have been brought on record within 90 days from the date of her death. However the plaintiffs were not aware about the death of defendant no.5. They came to know about her death from the other defendants. I am of the view that if the plaintiff is asked to pay costs to DLSA, then this chamber summons can be allowed so that the suit proceeds and it is decided on merits. The chamber summons is only to bring the legal heirs of defendant no.5 on record, which is not objected by any of the defendants. I allow the chamber summons and pass the following order.
1. The chamber summons no.311/2023 is allowed.
2. The abatment of suit is set aside against defendant no.5 in the interest of justice.
3. The delay caused in bringing the legal heirs of defendant no.5 on record is condoned subject to payment of costs of Rs.1000/- only to the DLSA, Mumbai.
4. After the payment of costs the plaintiffs are allowed to bring the legal heirs of defendant no.5 on record.
5. The chamber summons is allowed as per the schedule annexed with the chamber summons.
6. All consequential amendments are allowed.
7. The chamber summons is disposed of.
Matter adjourned to 27.03.2026 for compliance by the plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: Adv. Tejas Shah for plaintiff is present.
None present for defendant.
Time extended to comply the order passed in chamber summons no.311/2023.
Matter adjourned to 13.07.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-07-2026
Date: 13-07-2026
Business: Matter is received from CR. No.01
None present for plaintiff.
None present for defendant.
Matter is adjd to 11.08.2026 NM hearing.
Next Purpose: HEARING
Next Hearing Date: 11-08-2026
Date: 11-08-2026
Business: The Presiding Officer is relived for Induction Orientation Training.
Next Purpose: HEARING
Next Hearing Date: 31-08-2026
Date: 31-08-2026Additional Case Details
Additional Case Details
Filing Number: 110062/2019 Filing Date: 17-09-2019 First Hearing Date: 18th September 2019 Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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