Order 1

Order Details: Notice of Motion
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CNR :
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.395 OF 2018
IN
S.C SUIT(STAMP) NO.1407 OF 2018
1 Mr. Athar Mohd. Rajab Ansari & Ors. .. Plaintiffs
V/s.
1 Mohammed Haji Yusuf Markaria & Ors. .. Defendants
Appearances:
Mr. Maroof Khan, Adv. for Plaintiffs.
Mr. Choudhary, Adv. for Defendants.
CORAM : A.I. PERAMPALLI,
JUDGE, (C.R.NO.13)
DATE : 9th February 2018.
ORAL ORDER
1 Heard Adv. Mr. Choudhary. Heard Adv. Mr. Maroof Khan.
2 Looked over the Notice of Motion and the documents.
3 This is a dispute between two Sects of Muslim Community.
By way of interim relief, prayer is sought that the defendants should not
restrict the entry of the plaintiffs in the Masjid situated in Madrasa
Rehmania Trust building situated at Morland Road, Madanpura,
Nagpada, Mumbai:400 008. to offer Namaz and carry out religious
activities till the disposal of the suit.
4 The defendants have filed two replies and raised objection
regarding tenability of the suit on account of jurisdiction and want of
sanction or permission of Charity Commissioner.
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5 Neither the defendants nor the plaintiffs have submitted
their argument on the legal facet. They have submitted their
submissions on the facual facet.
6 Considering the dispute between the parties i.e. two Sects, I
have given two alternatives to both the sides to make arrangement till
disposal of the Notice of Motion on merit. It appears to me that even
none of the alternatives is accepted by either party. The hearing of the
Notice of Motion will take its own time as Court is taking one matter of
like nature on day to day basis between 3.00 p.m. to 4.45 p.m. without
any break. It also appears to me that alternatives are given in view of
paucity of time to dispose off the Notice of Motion at earliest. But the
parties are reluctant to accept any of the alternatives. In such attending
circumstances, I pass following order.
ORDER
1 Parties are directed to submit their written argument in the
Notice of Motion on or before 13/02/2018 after 4.30 p.m.
2 Pending the argument, order, hearing of the suit and
Notice of Motion, the defendants shall not restrict the plaintiffs to offer
their Namaz in the Masjid.
Dictated and declared in open Court.
( A.I. PERAMPALLI )
Judge,
Dt.: 09/02/2018. City Civil Court, Gr. Mumbai
Dictated on :09/02/2018.
Transcribed on :09/02/2018.
Signed on :12/02/2018.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.
UPLOADED ON: 12/02/2018.
TIME:12.45 p.m. (Santosh B. Sawant)
(H.G. Stenographer)
Name of the Judge(with Court
Room No.)
Shri. A.I. Perampalli, Judge,
C.R.No.13.
Date of pronouncement of
Judgment /Order
09/02/2018.
Judgment/Order signed by P.O.
on
12/02/2018.
Judgment/Order uploaded on 12/02/2018.
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