Interim Order 3

Order Details: Order on Exhibit
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CNR NO.MHSCA-30006972023
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.35
IN
R.A.E. SUIT NO.312 OF 2023
1. Mrs. Ashmi Atul Parekh and ors. . . Plaintiffs.
Versus
1. Mr. Rajesh Himmatlal Shah and ors. . . Defendants.
Coram : A.S. Pandagle, Judge
C.R.No.32
Date : 30/10/2023.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of defendants for
stay of order passed below Exh.17 and Exh.19 dated 30/10/2023
and prays for to extend status-quo of 3 weeks till filing of Appeal.
4. Being aggrieved by the order below Exh.17 and Exh.19
dated 30/10/2023, the defendants want to challenge the order
before the Appellate Court, therefore wants to prefer an Appeal and
therefore seeking relief of to extend the status quo order passed on
9/10/2023 to be extended for 3 weeks to enable the defendants to
exercise right to appeal and seek justice before the Appellate
Authority.
5. On the other hand, plaintiffs by filing reply resisted the
application and contended that the suit building is in dilapidated
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condition and moreso after partial demolition. If status quo is
extended, it will be a risk to life and limb of persons in the suit
property or passers by. Moreover, the defendant No.3 has made a
statement before the Hon'ble High Court that he has no objection to
demolition of the suit building. The defendant No.1 and 2 have also
vacated the suit premises. The order of status-quo does not prevent
the plaintiffs from demolition of the suit building by due process of
law as ordered by MCGM. Defendants are adequately protected,
therefore submitted that application may be rejected.
6. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings. By way of this application defendants want to
stay the order passed below Exh.17 and Exh.19 and prays for
extension of status-quo order passed on 9/10/2023 for 3 weeks for
to exercise right to appeal by preferring appeal before the Appellate
Authority. The order below Exh.17 and Exh.19 are passed today
after giving opportunity of hearing to both the parties, the said order
Exh.17 and Exh.19 passed on merits. Therefore, there is no
substance in this application again to extend status-quo order passed
on 9/10/2023 in favour of the defendants. Hence, application is
rejected.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 30/10/2023. Judge, C. R. No.32.
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