Allowed¶16

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

Bombay HC15 Jun 2026LPETN/198/2026

Case brief

AI extract

What is this about?

Clause XII Letters Patent leave granted; partition suit; suit properties partly within and partly outside Bombay OOCJ; administration of estate of deceased father; Leave Petition 198/2026 in Suit (L) 39587/2025; Sana Sirajuddin Mukadam v. Azeem Siraj Mukadam & Ors.; M.A. Khan and Gaurav Pathak for petitioner; Abhay Ahuja J.; decided 15 June 2026; petition allowed and disposed.

What did the court decide?

Leave under Clause XII of the Letters Patent granted in terms of prayer clause (a) of the Petition, permitting the plaintiff to sue the defendants for partition of suit properties situated partly within and partly outside the local limits of the Ordinary Original Civil Jurisdiction of the Court. ¶16

Sana D/O Sirajuddin Mukadam through Her Constituted Attorney Mr. Y U Kharkar vs Azeem Siraj Mukadam — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether leave under Clause XII of the Letters Patent should be granted to the plaintiff to sue the defendants for partition of suit properties situated partly within and partly outside the local limits of the Ordinary Original Civil Jurisdiction of this Court.

¶10

Court's answer

Having heard counsel and perused paragraphs 4 to 9 of the Leave Petition and paragraph 36 of the Plaint, the Court formed the view that leave under Clause XII of the Letters Patent should be granted.

¶14

Ratio / Principle

Leave under Clause XII of the Letters Patent was granted in terms of prayer clause (a) of the Petition, i.e., leave to sue the defendants for partition of suit properties situated partly within and partly outside the local limits of the Ordinary Original Civil Jurisdiction of the Court.

¶14

Detailed headnote1 paragraphs

Leave Petition No. 198 of 2026 in Suit (L) No. 39587 of 2025 — Sana Sirajuddin Mukadam v. Azeem Siraj Mukadam & Ors. — High Court of Judicature at Bombay (O.O.C.J.), ABHAY AHUJA, J., 15 June 2026: In a proposed Suit seeking administration of the estate of the deceased father, where most movables and immovables are situate in Mumbai but some immovable properties lie outside the Court's jurisdiction, leave was granted under Clause XII of the Letters Patent in terms of prayer clause (a), enabling the plaintiff to sue the defendants for partition of suit properties situated partly within and partly outside the local limits of the Ordinary Original Civil Jurisdiction of the Court. The grant rested on paragraphs 4 to 9 of the Leave Petition and paragraph 36 of the Plaint. The Petition stands allowed and disposed.

¶1

LPETN 198-26 in SL 39587-25.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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LEAVE PETITION NO. 198 OF 2026 IN

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SUIT (L) NO. 39587 OF 2025

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Sana Sirajuddin Mukadam …Petitioner Versus Azeem Siraj Mukadam & Ors. … Respondents

¶6

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

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CORAM : ABHAY AHUJA, J. DATE : 15^th JUNE, 2026

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P.C. :

¶9

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

¶10

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.

¶11

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.

¶12

Nikita Gadgil 1/2

¶13

LPETN 198-26 in SL 39587-25.doc

¶14

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:

¶15

“(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.”

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The Petition accordingly stands allowed and disposed as above.

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Digitally signed by NIKITA NIKITAYOGESH YOGESH GADGIL GADGIL Date:2026.06.15 20:32:25 +0530

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(ABHAY AHUJA, J.)

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Nikita Gadgil 2/2

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

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