Order 1

Order Details: Order on Exhibit
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IN THE SMALL CAUSES COURT AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO. 12
IN
R. A. E. & R. SUIT NO. 589 OF 2022
CNR NO. MHSCA30005082022
1. MRS. PHILOMENA MERLYN MACHADO & Ors. …PLAINTIFFS
V/S
DR. SATISH NAIK …DEFENDANT
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Ms. Eventa A. Gonsalves, Advocate for Plaintiffs.
Ms. Akansha Sakpal, Advocate for Defendant.
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Coram : R. R. Khan
Judge
Court Room No.33
Date : 03rd May 2023
ORDER
. Claiming extreme emergent and exigent circumstances, the
plaintiffs have claimed exparte adinterim injunction against
defendant as well as appointment of court commissioner.
2. I have heard Ms. Eventa A. Gonsalves, the learned Advocate for
plaintiffs at length. She has taken me through the application and
photographs annexed. She has opposed for calling say of defendant
and requested for passing exparte adinterim injunction and
appointment of court commissioner.
3. From the perusal of case record, it is apparent that defendant is
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served with the summons and he has notified his appearance through
Advocate Ms. Akansha Sakpal, Mr. Darshan Naik, and Mr. Chintan
Thakkar. The matter is pending for filing of written statement and
meantime, present application is filed. The defendant and her
learned Advocate are present. According to me, without calling say
of defendant passing of any exparte adinterim injunction order will
be unjust and improper. The defendant is having right of hearing on
this application. Hence, request of learned Advocate for plaintiffs for
passing exparte adinterim injunction is rejected. The defendant is
directed to file say on this application and thereafter, application will
be decided on merit.
( Dictated and pronounced in open Court. )
( R. R. Khan )
Date : 03.05.2023 Judge, C. R. No.33
Order dictated on : 03.05.2023
Order checked & signed on : 03.05.2023
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