Sana D/O Sirajuddin Mukadam Through Her Constituted Attorney Mr. Y U Kharkar v. Azeem Siraj Mukadam

903. LPETN 198-26 in SL 39587-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 198 OF 2026 IN SUIT (L) NO. 39587 OF 2025 Sana Sirajuddin Mukadam

...Petitioner

Versus

Azeem Siraj Mukadam & Ors.

... Respondents Ms. M.A. Khan with Mr. Gaurav Pathak for the Petitioner.

CORAM

:

ABHAY AHUJA, J.

DATE :

15th JUNE, 2026 P.C. :

1.

This matter was kept back in the morning session as none appeared for the Petitioners.

2.

When the matter is called out in the afternoon session, Mr. Khan, learned Counsel appears for the Petitioner and submits that in the Suit seeking administration of estate of the deceased father, while most of the properties, movables and immovable, are situate in Mumbai, some of the immovable properties are situate outside the jurisdiction of this Court and with leave granted by this Court under Clause XII of the Letters Patent, this Court would have jurisdiction to entertain, try and dispose of the Suit.

3.

Mr. Khan has relied upon paragraphs 4 to 9 of the Leave Petition and paragraph 36 of the Plaint in the proposed Suit in support of his contentions.

Nikita Gadgil 1/2

903. LPETN 198-26 in SL 39587-25.doc 4.

Having heard the learned Counsel and having considered his submissions and also having perused paragraphs 4 to 9 of the Leave Petition and paragraph 36 of the Plaint, this Court is of the view that, for reasons as contained in the said paragraphs and as submitted by the learned Counsel, leave under Clause XII of the Letters Patent be granted and is hereby granted in terms of prayer Clause (a) of the Petition, which reads thus:

"(a) Leave under Clause XII of the Letters Patent be granted to plaintiff to sue defendants for partition of suit properties situated partly within and partly outside the local limits of the Ordinary Original Civil Jurisdiction of this Hon'ble Court."

5.

The Petition accordingly stands allowed and disposed as above. (ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2026.06.15 20:32:25 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2