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2013 Supreme(Bom) 2291

ANOOP V.MOHTA
Sunder Shaekhar – Appellant
Versus
Shamshad Abdul Wahid Supariwala – Respondent


Advocates Appeared:
For the Appellant:M.A. Khan, Advocate.
For the Respondents:R1 to R3, Shriram Kulkarni, Advocate.

Judgment :

1. The Appellant (Original Defendant No.1) has challenged order dated 3 October 2012 passed in Civil Suit No.2305 of 2010 passed by the learned Judge, City Civil Court, Bombay. The operative part of order is as under:

“1. The notice of motion no.2722 of 2010 is allowed

2. The defendant no.1 is temporarily restrained from portraying himself as an adopted son of late Haji Mastan Mirza in any manner whatsoever until further order.

3. The defendant nos.2 to 4 are also temporarily restrained from projecting or introducing the defendant no.1 as an adopted son of late Haji Mastan Mirza in any manner whatsoever until further order.

4. Cost as in cause.

2. Respondent Nos.1 to 3 (Original Plaintiffs) are daughters of late Haji Mastan Mirza (the deceased). The original Defendant Nos.2 to 4 (Respondent Nos.4, 5 & 6) are Printers/publishers/TV news channel of India. The prayers of suit are:

“(a) Hold & Declare that adoption of son is not recognized by Islamic Law.

(b) Hold & Declare that Defendant No.1 is not an adopted son of Haji Mastan Mirza.

(c) Hold & Declare that Defendant Nos.2 to 4 (print & visual media) have no right to portray Defendant No.1 as adopted son of Haji Mastan Mi

























































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