Halimabai Ibrahim Abdul Latif v. Sabir Ibrahim Lokhandwala

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 08th January, 2026 FOR HEARING AND FINAL DISPOSAL :

CHOL/1/2026 in S/31/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Simran Wagle i/b. Uma Wagle, Advocate for the applicant.

Mr. Pankaj Uttaradhi i/b. Sabeena Mahadik, Advocate for defendant no. 2.

P.C.:

The present Chamber Order is filed by the applicant for setting aside Order dated 11.08.2025, dismissing suit against defendant no. 1 for non-compliance of O.S.Rule 87.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory.

It is contended that defendant no. 1 is deliberately avoiding service. The applicant got alternate address of defendant no. 1, however, he mischievously avoiding service. The applicant had almost made 4 to 5 attempts to serve defendant no. 1. The applicant has made sincere efforts to serve defendant no. 1. It is further contended that the applicant is senior citizen, very ill, therefore, she could not take steps for amendment of the address of the defendant no. 1. Ld. Advocate for the applicant submits that she will take appropriate steps to serve defendant no. 1 and prays for restoration of suit against defendant no. 1.

Ld. Advocate for defendant no. 2 submits for passing suitable order.

Considering grounds raised in Affidavit, I am of the view that the applicant should get one opportunity to pursue with captioned Suit against defendant no. 1. Hence, I consider present Chamber Order favourably. However, it would be just and proper to impose certain cost on the applicant, so that, the applicant would be diligent in pursuing captioned Suit.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 08th January, 2026 contd....

CHOL/1/2026 in S/31/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Hence, in the interest of justice, subject to payment of cost of Rs. 2,500/- to 'The High Court Employees Medical Welfare Fund at Mumbai' - Bank of India, Mumbai (Main) Branch, Account No. 000120110001337, IFSC CODE : BKID0000001, the present Chamber Order is granted as prayed and signed separately.

Upon payment of cost, captioned Suit against defendant no. 1 be restored to file and the applicant is permitted to take appropriate steps to amend address of defendant no. 1 in Cause-Title by filing appropriate proceeding before the Hon'ble Court and to serve defendant no. 1 with Writ of Summons within two weeks from the date of payment of cost, failing suit against defendant no. 1 will be dismissed for non-compliance of O.S.Rule 87.

Date : 08.01.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.01.09 11:09:31 +0530 RAJEEV VIJAY ACHARYA