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Bombay High CourtIA/1799/2024disposed off

Nasreen Mohsin Shaikh v. Nazir Yusuf Shaikh

2025-12-16Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2025.12.17 10:50:41 +0530 TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1799 OF 2024 IN SUIT NO.7 OF 2024 Nasreen Mohsin Shaikh & Ors.

.. Applicants

Versus

Nazir Yusuf Shaikh and Ors.

.. Defendants Mr.Nitin G. Raut a/w Mr.Ksisandra Hegde i/b M/s.P.Vas and Co., Advocate for the Applicants.

Ms.Sharmili Mhatre i/b M/s.Mhatre Law Associates, Advocate for the Defendant No.7.

CORAM:

FIRDOSH P. POONIWALLA, J.

DATE:

DECEMBER 16, 2025 P. C.

1.

This Interim Application has been filed seeking an amendment to delete the existing address in the cause title and substitute it with another address in respect of Defendant No.2, 3, 5 and 6. 2.

Further, the Interim Application also seeks a direction against Defendant Nos.2, 3 and 5 to provide the correct address of Defendant No.4 1/3

and also seeks to change the address of Defendant No.4 in the cause title after the same is obtained.

3.

I have perused the Interim Application. For the reasons stated in the Interim Application, the same is allowed in terms of prayers (a), (b) and (c) which read as under:

"(a) that this Hon'ble Court be pleased to permit the Applicants/Orig. Plaintiffs to amend the cause title of the Plaint and Interim Application No.137 of 2024 in terms of the Schedule to this Interim Application and for such consequential and other reliefs as may be necessary in Suit; (b) That this Hon'ble Court be pleased to direct Defendant Nos.2, 3 and 5 to provide the Applicants/Orig. Plaintiffs with the current address of Defendant No. 4 in order to serve upon her the plaint papers and proceedings in the above Suit as Defendant No.2 is the mother, Defendant No.3 is the brother and Defendant No.5 is the sister of Defendant No.4 and the address of Defendant No.4 is to their knowledge;

(c) That on the address of Defendant No. 4 been provided by Defendant No. 2, 3 and 5 this Hon'ble Court be pleased to permit the Applicants/ Original Plaintiff to amend the cause title by deleting the Defendant No. 4's last known address and substitute it with the address provided by the Defendants No. 2,3 and 5."

4.

However, in the Schedule of the Interim Application, in respect of the address of Defendant Nos.2 and 3, the flat nos. should be read as 802 instead of 1001.

2/3

5.

Amendment be carried out within a period of 4 weeks from today and the amended copy of the Plaint be served on the parties. 6.

Re-verification is dispensed with.

7.

There will be no order as to costs.

[FIRDOSH P. POONIWALLA, J.] 3/3