Final Order 3

Order Details: Order on Exhibit
Pdf Text: MHSCA30000782022
IN THE COURT OF SMALL CAUSES, AT MUMBAI
(APPELLATE BENCH)
(BANDRA BRANCH)
ORDER BELOW EXHIBIT-1
IN
M- APPEAL NO. 29 of 2022
IN
EXHIBIT-11
IN
R.A.D SUIT NO.525 OF 2019
Mr. Mohammad Hasim Babubhai Shaikh Appellant
(Org. Plaintiff)
VERSUS
1 Mr. Anil Mukund Kamath & anr. Respondents
(Org. Defendant)
Mr. Dinesh R. Pandey, Advocate for appellant.
Khatri Legal Venture, Advocate for respondent.
Coram : Shri Ashish A. Ayachit,
Addl. Chief Judge
&
Shri D.R. Mali, Judge.
C.R. No. 41 (B.B.)
Date : 18th Day of August, 2025
ORAL ORDER : (Per Shri Ashish A. Ayachit, Addl. Chief Judge)
This is Misc. appeal against the order passed below Exhibit-
11 in RAD Suit no.525 of 2019 dtd.23.12.2021 rejecting the application
of plaintiff for temporary injunction under Order XXXIX Rule 1 and 2 of
Code of Civil Procedure.
2. Perused appeal memo and impugned order.
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M Appeal No.29-2022 Ex.1 2 of 2 order...
3. Heard learned advocate Mr. Dinesh R. Pandey for appellant
and Mr. Anil Mukund Kamath/respondent party-in-person. He filed
pursis vide Exhibit-10 mentioning that he will not take law in hand and
will not dispossess the appellant without following due process of law.
In view of pursis, learned advocate for plaintiff requested to pass
necessary order.
4. The plaintiff herein the appellant filed original suit for
declaration of tenancy right. He had filed an application (Exhibit-11)
for temporary injunction which came to be rejected by the learned trial
court against which the present appeal has been preferred. However, in
view of pursis (Exhibit-10), there is no threats to the possession of
plaintiff. Hence, the appeal become infructuous. Therefore, we pass
the order.
ORDER
1. Appeal is disposed off.
2. Parties are at liberty to take the recourse of law.
3. The learned trial court shall proceed with the suit
without prejudice with the undertaking given by the
respondent in this court and disposal of this appeal.
4. Notify the order to the Trial Court accordingly.
I Agree,
(D. R. Mali) (Ashish .A. Ayachit)
Judge Addl. Chief Judge,
C. R. No. 41 C. R. No. 41
18.08.2025 18.08.2025
/home/pa31/Varsha Wankhade/A. A. AAyachit/August-2025/C. R. No.41/EXHIBIT ORDERS/29-2022 Appeal Ex.1.odt
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