Mr. Mohammed Khalid Mohammed Saeed SiddhiquiVsMr. Mohammed Saeed Nanhebux Siddiqui +2 more

Date: 22-12-2020
Business: Adv Sagar Batavia for plff present.
He tendered registered CS 766/2020. t.o.r.
Adv N. A. Ghatte for deft present.
He filed reply to CS 766/2020. t.o.r. Copy served to other side.
Matter stands Adj for CS Hearing to 19/01/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv. Sagar Batavia for plaintiff present.
Adv. Ghatte for deft. present.
Advocate for plaintiff filed affidavit of writ of summons on defendants tor Defendants are served on 25.11.2020.
Advocate for plaintiff tendered original CS.766 of 2020 tor
Advocate for defendant filed reply to CS. 766 of 2020 tor
Heard both the sides.
FRSR following order is passed on CS No. 766 of 2020.
order
1 Chamber Summons No.766 of 2020 is allowed and 	made absolute.
2 Plaintiff shall amend the plaint as per schedule within 	14 days from the date of this order.
3 Costs in cause.
4 Chamber Summons No.766 of 2020 is disposed of
Matter stands Adj for Compliance to 23.02.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2021

Date: 19-01-2021
Business: Adv. Sagar Batavia for plaintiff present.
Adv. Ghatte for deft. present.
Advocate for plaintiff filed affidavit of writ of summons on defendants tor Defendants are served on 25.11.2020.
Advocate for plaintiff tendered original CS.766 of 2020 tor
Advocate for defendant filed reply to CS. 766 of 2020 tor
Heard both the sides.
FRSR following order is passed on CS No. 766 of 2020.
order
1 Chamber Summons No.766 of 2020 is allowed and 	made absolute.
2 Plaintiff shall amend the plaint as per schedule within 	14 days from the date of this order.
3 Costs in cause.
4 Chamber Summons No.766 of 2020 is disposed of
Matter stands Adj for Compliance to 23.02.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: By Precipe
Adv Sagar Batavia for plff present.
He filed application for extension of time to carry out amendment as per order dated 19/01/2021. t.o.r.
Considering the reasons mentioned in the application, time is granted to carryout amendment till 23/02/2021.
Matter already Adj for Compliance to 23/02/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv Sagar Batavia for plff present.
Adv Gatte for defts present.
Exh 03 - He filed pursis stating that affidavit in reply to NM be treated as written statement of defts. t.o.r.
Exh 04 - Affidavit in reply of deft to NM of plff. t.o.r.
With consent of both parties, matter stands Adj for NM Hearing to 26/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: None present.
Matter stands Adj for NM Hearing to 22/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Adv Sagar Batavia for plff present.
He submitted that he wants to move CS for amendment in the plaint.
Adv Dorajiwala for deft present.
Matter stands Adj for Compliance to 14/10/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Adv. Batavia for plaintiff present.
Adv. Jabbar Patel for defendant present.
Plaintiff tendered draft chamber summons. Leave granted.
Copy given to other side.
As Court is buzy in administrative work.
With consent matter Adjd to chamber summons reply on 06.12.2021
Next Purpose: C/S REPLY
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: P.O.is on leave. Matter adjd to
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Due to Covid-19 matter is adjd to
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Adv Sagar Batavia for plff present.
He tendered register CS 1623/2021. t.o.r.
Adv Ghatte for deft present.
He seeks time to file CS reply.  Granted.
With consent of Adv for both parties, matter stands Adj for CS Reply to 16/03/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Sagar Batariya for plaintiff present.
Adv. Ghatte for defendants present.
He submitted that he do not want to file written reply to ch/s no. 1623/2021.
Heard advocate for both sides on Ch/s. 1623/2021.
Advocate for plaintiff submitted that plaintiff wants to amend the plaint due to subsequent events happened after filing of this suit. Advocate for defendant submitted that plaintiff is contradicting his own pleading. Perused the Ch/s. and proceedings of the case. Suit is for permanent injunction to restrain defendant from dispossessing the plaintiff from the suit shop. Admittedly defendants are not in possession of suit shop. Cause of action stated to be arose on 04.11.2020. According to the plaintiff, proposed amendment is due to subsequent events happened after filing of this suit. Defendants have already filed their written statements. Hence no prejudice would be cause to defendants if Ch/s is allowed as they have opportunity to file their additional written statement or carry out amendment in the written statement.  Hence following order is passed -
1) Ch/s No.1623/2021 is allowed.
2) Plaintiff to carry out amendment in the plaintiff within 14 days from the date of this order as per the schedule of the ch/s and serve copy of amendment plaint on advocate for defendants.
Matter stands Adj for compliance to 13/04/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Adv Sagar Batavia for plff present.
None for deft.
PO is busy in dictating Judgment in SU 2988/2004.
Matter stands Adj for Compliance to 09/06/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2022

Date: 13-04-2022
Business: Adv Sagar Batavia for plff present.
None for deft.
PO is busy in dictating Judgment in SU 2988/2004.
Matter stands Adj for Compliance to 17/06/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: P.O. is on leave in second session. Matter is adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Sagar Batavia  for plaintiff present.
None for defendant.
Matter is adjd for compliance to 16/09/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Sagar Batavia for plaintiff present.
He seek time to file copy of amended plaint. Time granted.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for compliance to 04/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for compliance to 16/12/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv.  Lankush Tiwari for plaintiff present.
He seek time for compliance. Time granted.
None for defendant present.
Matter is adjourned for compliance to 09/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2023

Date: 16-12-2022
Business: Adv.  Lankush Tiwari for plaintiff present.
He seek time for compliance. Time granted.
None for defendant present.
Matter is adjourned for compliance to 09/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. Sagar Batavia for plaintiff present. He seek time for compliance. O-  Time granted.
None for defendant present.
Matter adjourned for compliance to 14.03.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2023

Date: 09-02-2023
Business: Adv. Sagar Batavia for plaintiff present. He seek time for compliance. O-  Time granted.
None for defendant present.
Matter adjourned for compliance to 14.03.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. Sagar Batavia for plaintiff present.
He filed copy of amended plaint. TOR. Copy served on other side.
None  for defendant present.
Matter adjourned for hearing on n/m to 05/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: Adv. Sagar Batavia for plaintiff present, he seeks time for hearing.
Adv. Doorjiwala for defendant present.
Matter adjourned for NM hearing on 06.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2023

Date: 05-06-2023
Business: Adv. Sagar Batavia for plaintiff present, he seeks time for hearing.
Adv. Doorjiwala for defendant present.
Matter adjourned for NM hearing on 06.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing  on 21/07/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2023

Date: 06-07-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing  on 21/07/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Wrongly posted on todays board.
Matter already adjourned for NM hearing on 24.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2023

Date: 21-07-2023
Business: Wrongly posted on todays board.
Matter already adjourned for NM hearing on 24.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2023

Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Advocate Mr. Sagar Batavia for plaintiff present.
Advocate Mr. Jabbar Patel h.f. Advocate  Ghatte for defendant present.
KB
LO at 3.30 P.M.
Advocate Mr. Sagar Batavia for plaintiff present.
Heard argument of advocate for plaintiff.
Defendant seeks time for argument. O- Granted.
Matter adjourned for NM hearing on 06.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Plaintiff present.
Advocate Mr. Ghatte for defendant present.
KB
LO at 4.45 P.M
Advocate Mr. Sagar Batavia for plaintiff present.
Court is busy in hearing argument of NM 1553/2019 in SU 693/2019, hence adjourned.
Matter adjourned for NM hearing to 05.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2023

Date: 06-09-2023
Business: Plaintiff present.
Advocate Mr. Ghatte for defendant present.
KB
LO at 4.45 P.M
Advocate Mr. Sagar Batavia for plaintiff present.
Court is busy in hearing argument of NM 1553/2019 in SU 693/2019, hence adjourned.
Matter adjourned for NM hearing to 05.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: PO is on half day leave (Second Session), hence matter is adjourned.
Matter adjourned for NM hearing on 04.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2023

Date: 05-10-2023
Business: PO is on half day leave (Second Session), hence matter is adjourned.
Matter adjourned for NM hearing on 04.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: Advocate Mr. Sagar Batavia for plaintiff present.
Advocate Mr. M.A. Dhorajiwala for defendant present and seeks time. O- Granted.
Matter adjourned for NM hearing on 13.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2023

Date: 04-11-2023
Business: Advocate Mr. Sagar Batavia for plaintiff present.
Advocate Mr. M.A. Dhorajiwala for defendant present and seeks time. O- Granted.
Matter adjourned for NM hearing on 13.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Advocate Sagar Batavia for plaintiff present.
Advocate Ghatter for defendant present.
Plff. and deft.no.1 present.
As court is busy in dictating order in N/M 3626/2022,
Matter adjourned for hearing  on 18.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2024

Date: 13-12-2023
Business: Advocate Sagar Batavia for plaintiff present.
Advocate Ghatter for defendant present.
Plff. and deft.no.1 present.
As court is busy in dictating order in N/M 3626/2022,
Matter adjourned for hearing  on 18.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: Plaintiff present.
Advocate Sagar Batavia for plaintiff present.
Advocate  Jabbar Patel for defendant no.2 present.
Defendant no.2 present. He seeks time.  Last chance
Matter adjourned for hearing  on 02.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2024

Date: 18-01-2024
Business: Plaintiff present.
Advocate Sagar Batavia for plaintiff present.
Advocate  Jabbar Patel for defendant no.2 present.
Defendant no.2 present. He seeks time.  Last chance
Matter adjourned for hearing  on 02.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: Advocate Mr. Ajay Sahani h.f. Advocate Sagar Batavia for plaintiff present.
Advocate Mr. Raju Pathak h.f. Advocate Gatte for defendant no. 2 present.
Plaintiff and defendant no. 2 present.
Both seeks time. O- Granted.
Matter adjourned for NM hearing on 18.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2024

Date: 02-03-2024
Business: Advocate Mr. Ajay Sahani h.f. Advocate Sagar Batavia for plaintiff present.
Advocate Mr. Raju Pathak h.f. Advocate Gatte for defendant no. 2 present.
Plaintiff and defendant no. 2 present.
Both seeks time. O- Granted.
Matter adjourned for NM hearing on 18.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Advocate Mr. Sagar Batavia for plaintiff present.
Advocate Mr. N.A. Ghatte for defendants present.
Kept back
Later on at 3.30 P.M.
Heard argument of advocates for defendants on NM 1725/2020.
Matter adjourned for NM hearing / Order on 04.05.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2024

Date: 18-04-2024
Business: Advocate Mr. Sagar Batavia for plaintiff present.
Advocate Mr. N.A. Ghatte for defendants present.
Kept back
Later on at 3.30 P.M.
Heard argument of advocates for defendants on NM 1725/2020.
Matter adjourned for NM hearing / Order on 04.05.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: Advocate Mr. Ajay Sahane h.f Advocate Batavia for plaintiff present.
Advocate Mr. Jabbar Patel hf. Advocate Gatte for defendant no. 2 present.
Matter adjourned for NM hearing on 10.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2024

Date: 04-05-2024
Business: Advocate Mr. Ajay Sahane h.f Advocate Batavia for plaintiff present.
Advocate Mr. Jabbar Patel hf. Advocate Gatte for defendant no. 2 present.
Matter adjourned for NM hearing on 10.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: Plaintiff present.
Defendant no. 2 present.
Plaintiff advocate absent.
Advocate Doorajiwala for defendant present and seeks time. O- Granted.
Later on at 3.55 P.M.
Advocate Sagar Batavia for plaintiff present.
Matter is adjourned for NM hearing on 11.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2024

Date: 10-06-2024
Business: Plaintiff present.
Defendant no. 2 present.
Plaintiff advocate absent.
Advocate Doorajiwala for defendant present and seeks time. O- Granted.
Later on at 3.55 P.M.
Advocate Sagar Batavia for plaintiff present.
Matter is adjourned for NM hearing on 11.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: Advocate Mr. Sagar Batavia  for plaintiff present.
Advocate Mr. Gatte for defendant no. 2 present.
Court is busy in hearing argument in CS 102/2023 in SU 1338/2022 and NM 3363/2022 in SU 4498/2011.
Matter adjourned for NM hearing on 22.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: Plaintiff present.
Advocate Mr. N.A. Gatte for defendant no. 2 present.
Matter is adjourned for NM hearing on 10.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2024

Date: 22-08-2024
Business: Plaintiff present.
Advocate Mr. N.A. Gatte for defendant no. 2 present.
Matter is adjourned for NM hearing on 10.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2024

Date: 10-10-2024
Business: Plaintiff present.
Advocate Mr. M.A. Dhorajiwala for defendant present.
Plaintiff advocate absent.
Matter is adjourned for NM hearing on 10.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2024

Date: 10-10-2024
Business: Plaintiff present.
Advocate Mr. M.A. Dhorajiwala for defendant present.
Plaintiff advocate absent.
Matter is adjourned for NM hearing on 10.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: Advocate Mr. Sagar Batavia for plaintiff present.
Advocate Mr. Jabbar Chopdar h.f. Advocate N.A. Ghatte for defendants present.
Court is busy in other matters, hence adjourned.
Matter is adjourned for NM hearing on 07.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2025

Date: 10-12-2024
Business: Advocate Mr. Sagar Batavia for plaintiff present.
Advocate Mr. Jabbar Chopdar h.f. Advocate N.A. Ghatte for defendants present.
Court is busy in other matters, hence adjourned.
Matter is adjourned for NM hearing on 07.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: Advocate Sagar Batavia for plaintiff present.
Advocate Mr. N.A. Ghatte for defendant present.
Court is busy in Recording evidence in Suit no. 97/2016, hence adjourned.
Matter is adjourned for NM hearing on 08.05.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: Plaintiff present.
Defendant no. 2 in person present.
Advocate Sagar Batavia for plaintiff present.
Matter is adjourned for NM hearing on 15.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: Court is vacant. Hence adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: Advocate Sagar Batavia for plaintiff is present. He seeks time. O- Granted.
Advocate Jabbar Chopdar h.f Advocate N.A. Ghatte for defendant is present.
By consent of both the advocates matter is adjourned to 06.01.2026.
Matter adjourned to 06.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: Plaintiff is present and his advocate is absent.
Advocate Raju R. Pathak i/b Advocate N.A. Ghatte for defendant is present. He seeks time for hearing on NM.                   O- Granted.
Matter adjourned to 20.02.2026 for NM hearing.
Later on at 3.40 P.M.
Advocate Sagar Batavia for plaintiff is present.
Matter adjourned to 20.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2026

Date: 20-02-2026
Business: Advocate Sagar Batavia for plaintiff is present.
Advocate  Raju R. Pathak h/f Adv. N. A. Ghatte for defendant is present.
Matter adjourned to 08.04.2026 for NM for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: Plaintiff is present.
Advocate Sagar Batavia for plaintiff is present.
None for defendant is present.
Matter adjourned to 20.06.2026 for NM hearing.
Later on at 3.35 P.M.
Advocate Raju R. Pathak i/b Advocate N.A. Ghatte for defendants is present.
Matter adjourned to 20.06.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: Plaintiff is present and seeks time as his advocate is unable to attend the Court today. O- Granted as a last chance.
Advocate Mr. M.A. Dhorajiwala for defendants is present.
Matter adjourned to 10.08.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2026

Date: 10-08-2026
Business: Plaintiff in person is present.
Advocate Mr. N.A. Ghatte a/w Raju R. Pathak for defendants is present.
1. The notice of motion is pending since 2020. The last roznama shows that the adjournment was granted as last chance on the ground that advocate for the plaintiff was unable to attend the Court. Today also, plaintiff in person submits that he is busy in the Honble High Court.
2. Hence the notice of motion is taken up for hearing on merits. Heard. Following are the points for determination alongwith my findings thereon for the reasons ensuing -
Sr.
No.
Points
Findings
1
Whether plaintiff has made out prima facie case
No.
2
Whether balance of convenience lies in favour of plaintiff
No.
3.
Whether irreparable loss would be caused to plaintiff  in case injunction is not granted
No.
4
What order
Notice of motion is dismissed in terms of final order.
REASONS
3. The suit is for injunction restraining defendant no. 1, who is father and the lawful tenant of the suit property, and other defendants, who are plaintiffs brothers restraining them from dispossessing plaintiff without following due process of law.
The entire cause of action in the suit is based upon the General Power of Attorney Deed executed by the father of defendant no. 1 in favour of plaintiff, to do all acts on behalf of defendant no. 1 as a tenant. Plaintiff, indisputably, admits the fact that defendant no. 1 is the original tenant in the suit property. Although plaintiff claims that the tenancy has been transferred to plaintiff, the unregistered GPA executed by defendant no. 1 in favour of plaintiff cannot confer any propreitory right or tenancy right in favour of plaintiff. Thus, in view of the only document relied upon by plaintiff i.e. GPA, which, even according to the plaint version, is revoked by defendant no. 1, plaintiff has no right either as a tenant or as an attorney  / agent of the undisputed tenant i.e. defendant no. 1 in the suit property. The further averment that defendant no. 1, the father, has not made distribution of the property is meaningless in as much as existence of right to fathers property in his lifetime is unknown to Muslim Law  in contradistinction with the concept of birth right in Hindu Coparcenary System. Thus, the plaint, in itself, does not disclose any clause of action in the suit for claiming any right for basing the relief of injunction upon the violation of right.
4. Furthermore, although plaintiff, in his plaint, states that the GPA has been wrongfully revoked, without claiming declaration of revocation being illegal and not binding, plaintiff cannot pray for simplicitor injunction which is consequential to such declaration. Moreover, plaintiff has not claimed that the agency created by the deed of Power of Attorney was irrevocable in nature alike one referred to in Section 202 of the Indian Contract Act. Without such pleadings, there cannot be any cause of action based on such GPA. Furthermore, the statement of the GPA document does not give any implication of the same being irrevocable, and even othewise for an irrevocable power of attorney to come into being, there needs a registered document.
5. For the aforesaid reasons, when plaintiff has no case in his main suit even assuming entire plaint averments to be true, there is no question of plaintiff establishing a prima facie case in the notice of motion.
6. Balance of convenience, therefore, does not lie in favour of granting injunction and no irreparable loss would be caused to plaintiff if no injunction is granted, more so, when the conduct of the plaintiff to utilise the GPA given by father as a sword against father is such as to disentitle him to injunction in the light of Section 41 (l) of the Specific Relief Act 1963.
Accordingly, findings to points no. 1 to 3 are recorded in the negative.
Point no. 4 -
In view of negative findings to point no. 1 to 3, notice of motion is liable to be dismissed.
In the result I pass the following order-
ORDER
1. Notice of motion is dismissed.
2. Costs in the main cause.
                                                                                       Judge
Following preliminary objection is carved out-
Whether suit is maintainable in the light of non disclosure of cause of action
Parties to be heard on preliminary objection.
Matter adjourned to 11.08.2026 for hearing on preliminary objection.
Matter adjourned to 11.08.2026 for hearing on preliminary objection.
Later on at 5.30 P.M
Advocate Sagar Batavia for plaintiff is present and raised concern regarding passing of the order when he was busy in the Honble High Court. He is made to understand that after the passing of order on merits, the Court becomes functus offico and cannot hear any submission on merits regarding the notice of motion already disposed off.
The remedy to be availed off as per law.
Matter adjourned to 11.08.2026 for hearing on preliminary objection.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: Plaintiff is present.
Advocate Sagar Batavia for plaintiff is present.
Advocate Mr. N.A. Ghatte a/w Raju R. Pathak for defendants is present.
By consent of both the parties, matter is adjourned.
Matter adjourned to 22.09.2026 for hearing on preliminary objection.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 22-09-2026

Date: 22-09-2026
Business: Advocate Sagar Batavia for plaintiff is present. He seeks time.
Advocate Mr. N.A. Ghatte for defendants is present.
Matter adjourned to 03.10.2026 for hearing on preliminary issue.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 03-10-2026

CHAMBER SUMMONS/101623/2021
NOTICE OF MOTION/101725/2020

Filing Number: 105531/2020
Filing Date: 07-11-2020
First Hearing Date: 22nd December 2020
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE