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2026 DAILYLAW 17818 (BOM)

HAMIDA AMIR ALI KHOJA AND 7 ORS v. THE DIST. SUPERINTENDENT OF LAND RECORDS, MUMBAI SUBURBAN AND 16 ORS

IA/5187/2026 · 2026-10-09

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Judgment text

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1/2 17-IA-5186-2026 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5186 OF 2026 IN SUIT NO. 158 OF 2026 Hamida Amir Ali Khoja ...Applicant Versus The Dist. Superintendent Of Land Records, Mumbai Suburban ...Respondent WITH INTERIM APPLICATION NO. 3643 OF 2026 WITH INTERIM APPLICATION NO. 5038 OF 2025 WITH INTERIM APPLICATION NO. 5187 OF 2026 IN SUIT NO. 158 OF 2026 WITH INTERIM APPLICATION NO. 5282 OF 2026 IN INTERIM APPLICATION NO. 3643 OF 2026 _______ Mr. Hitesh Mishra, for the Plaintiff in S/158/2026 and for the Applicant in IA5187/2026 and IA/5186/2026. Mr. Gauraj Shah (through V.C.) a/w Mr. Siddhant Kulkarni i/b Chitnis Vaithy & Co., for Respondent Nos.6 to 11. Ms. Jyoti Mhatre a/w Ms. Pooja Yadav i/b Khandagle and Komal Punjabi, for Respondent-BMC. Ms. Ritika Mody h/f Mr. Rajesh Singh, for Defendant No.17 in S/158/2016. _______ CORAM : ARIF S. DOCTOR, J. DATE : 9 thOCTOBER, 2026 Vaibhav VAIBHAV NAMDEV BARE Digitally signed by VAIBHAV NAMDEV BARE Date: 2026.10.13 10:59:10 +0530 2/2 17-IA-5186-2026 (OS).DOC P.C. INTERIM APPLICATION NO. 5187 OF 2026 1. At the outset, learned counsel points out that the Interim Application was filed seeking dispensation of service of notice under Section 80(2) of the Code of Civil Procedure, 1908, since Defendant Nos.1 to 3 were statutory Government Authorities. Learned counsel further points out that they have since been deleted as parties and therefore this Interim Application would not survive. 2. Accordingly, the Interim Application is disposed of as being infructuous. INTERIM APPLICATION NO. 5186 OF 2026 3. This Interim Application seeks restoration of the Plaint, which, I am informed, came to be dismissed for non-removal of office objections. 4. Mr. Shah prays for and is granted one week’s time to file a reply affidavit to the Interim Application. If any of the other Defendants choose to oppose the Interim Application, they may also file their reply affidavits within the same time. 5. Stand over to 23 rd October 2026 for hearing. 6. Let a copy of the Interim Application be served on all concerned. [ARIF S. DOCTOR, J.] Vaibhav