Interim Order 6

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT- 28
IN
R. A. E. SUIT NO. 124 OF 2023
(CNR-MHSCA-30002802023)
Smt. Janet R. Pimento ...Plaintiff.
Versus
Smt. Shirley Fernandes, ...Defendant.
Ms. Eventa Gonsalves, ….Ld. Advocate for plaintiff.
S. Shamim & Co., ….Ld. Advocate for defendant.
Coram: R. R. Kale,
Judge, C. R. No. 35,
Date : 8th September, 2023.
ORAL ORDER :-
The present application is filed by the defendant to grant
stay order till next date.
2. The defendant in his application in brief submits that, this
Court has pleased to pass an order dated 01.09.2023 granting stay to
the order dated 25.07.2023 passed on application vide Exh.11 till
next date only. Defendant was directed to take note that, no stay will
be granted in favour of defendant, thereafter, and he is to pursue the
matter before the Hon’ble Appellate Court in Revision Application for
staying the order passed on application vide Exh. 11. He has filed
Revision Petition No. 62 of 2023 and Hon’ble Appellate Bench vide
order dated 06.09.2023 has pleased to admit the Revision as well as
granted short service for service of Revision Petition and interim
application for stay. The said case has been adjourned to 08.09.2023.
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However, due to court holiday on 07.09.2023, the service could not
completed. Hence, the stay granted on 01.09.2023 further be
extended for a period of one week. Thus, the defendant has prayed
for grant of the application.
3. The plaintiff has filed reply on overleaf of the application
and has strongly resisted the prayer of the defendant.
4. From the contents of the application and say filed thereon,
following points arise for my determination. I have given my findings
thereon for the reasons stated as follows:-
Sr. no. Points Findings
1. Whether the application is liable
to be allowed ?
No.
2. What order ? Application
stands rejected.
:: R E A S O N S ::
As to Point Nos. 1 and 2 :-
5. Heard both sides at length. Perused the record and roznama.
I have gone through the application vide Exh.11 filed by the plaintiff
and order passed by my Ld. Predecessor as on 25.07.2023 thereby
allowing the application and permitting the plaintiff to inspect the
suit premises along with Architect and Photographer. It seems that,
my Ld. Predecessor was pleased to pass an order of stay to the order
passed on application vide Exh.11 till 11.08.2023 as per order dated
31.07.2023 vide application Exh.20. It seems that, the defendant was
under direction to submit the undertaking that, she is not going to
change the nature of the suit premises which amounts to additions
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and alterations. It also seems that, the stay was granted to above
order dated 11.08.2023 till the date. Thereafter, an application vide
Exh. 26 was filed by the defendant. It was heard on merit and
decided on 01.09.2023. I have gone through the order passed on
application vide Exh. 26 dated 01.09.2023 from which it is seen that,
the stay was granted till today only to the order passed on application
vide Exh.11 dated 25.07.2023 and it was made clear that no stay will
be granted in favour of the defendant thereafter and she was to
pursue the matter before the Hon’ble Appellate Bench in Revision
Petition for stay of the order.
6. It seems that, the defendant has not made out any case to
grant further stay to the order dated 25.07.2023. Moreover, as per
the direction given to the defendant vide order dated 01.09.2023, he
ought to have moved the Hon’ble Appellate Court to grant the stay
order. But it did not happen in the case. No valid and satisfactory
reasons/grounds are mentioned to grant further stay. Moreover,
application is devoid of merits and hence, it will have to be rejected.
Therefore, I answer Point No. 1 in the negative and in answer to
Point No. 2, I proceed to pass the following order:-
: ORDER :
Application vide Exh.28 stands rejected.
(Dictated and pronounced in Open Court.)
Bandra -Mumbai. ( R. R. Kale )
Date :08.09.2023. Judge, C. R. No.35.
Order dictated on computer : 08.092023
Order checked & signed on : 08.09.2023.
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