Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 8
IN
R. A. D. SUIT NO. 163 OF 2025
(CNR No.-MHSCA-30004192025)
Mr. Cedric Nazareth D’Souza, ...Plaintiff.
Versus
1. Mrs. Lydia Agnes Dias & Ors. ...Defendants.
Appearance:-
Ld. Advocate Pallavi Vanjari i/b
Advocate Deepak J. Lulia, ...Ld. Advocate for the plaintiff.
Coram :- L. B. M. M. A. Syed
Judge,
C .R. No. 35 [B.B.]
Date :- 9th May, 2025.
ORDER :
By way of this application, the plaintiff/applicant is praying
for grant of ad-interim relief against the defendants to restraining them
from interfering with use, occupation, possession of suit premises.
2. The applicant submits that, she has filed suit against the
defendants for declaration and injunction in respect of suit property. She
further submits that, one of the tenant Mr. Lawson Pereira in respect of
Room No. 1 on 21.04.2025 approached and informed and partner of
defendant No. 7 and 2 has given a message to vacate suit premises for
redevelopment of suit property. She also threatened her that if she does
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not vacate the suit property then they will vacate her possession. This
has created apprehension in her mind. She is in exclusive use,
occupation and possession of suit property. The defendants might
interfere with use, occupation, possession of suit premises with basic
amenities like electricity, water supply etc. Hence, she prayed to grant
ad-interim relief restraining the defendants from interfering with use,
occupation and possession of suit premises.
3. I do not find any alarming urgency so as to issue ex-party
ad-interim injunction without hearing the defendants and in their
absence. Hence, the following order :-
: O R D E R :
1. Issue show cause notice to the defendants as to why the
prayer of the plaintiffs should not be allowed returnable
on 12.06.2025.
2. E. P. and S. B. allowed if prayed.
(Dictated and pronounced in open Court.)
( L. B. M. M. A. Syed )
Date : 09.05.2025 Judge, C.R. No. 35(B.B.)
Order dictated on : 09.05.2025
Order checked and signed on : 09.05.2025.
/home/steno35/Syed L.B.M.M.A - Judge C.R. No.- 35/May- 25/Orders/9-5/163- 2025- RAD- Exh- 8- Inj- exparte).odt
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