Interim Order 10

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
Order below Exh. 37
in
R.A.D. Suit No. 429 of 2022
(CNR No. MHSCA30011772022)
Haji Mehmood Abdul Rahman Jalil Pitalawala ... Plaintiff
Versus
Ram Kumar Jalan Public Charitable Trust & Ors. … Defendants
Mr. D.D. Singh, Advocate for plaintiff.
Mr. R.A. Singh, Advocate for defendant Nos. 6 and 7.
Coram : Shri. A.B. Hodawadekar
Judge, C.R.No.34(BB),
Date : 04.02.2023.
ORAL ORDER :
1. This application is taken out by the plaintiff for extension of
statusquo order till next date.
2. It is contended by the plaintiff that this Court has been
pleased to grant statusquo in respect of prayer clauses (b) to (d) of
injunction application (Exh. 9) against defendant Nos. 1 to 5. On last
date i.e. on 07.01.2023 his learned advocate Mr. D.D. Singh argued the
matter partly. Today, his learned advocate is busy in another Court and
could not attend the Court. Hence, plaintiff prayed as above.
3. Learned advocate holding for advocate of defendant Nos. 6
and 7 filed say to this application and submitted that they have strong
objection.
4. Learned advocate of defendant Nos. 1 to 5 filed say and
submitted that his application about jurisdiction be heard before
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extension of statusquo.
5. Heard.
6. I thoughtfully considered the rival contentions. On perusal
of record, it appears that, vide order dated 08.10.2022 passed below
injunction application Exh. 9, this Court granted statusquo as regards
prayer clauses (b) to (d) till next date. On 07.01.2023 the learned
advocate of the plaintiff argued the matter partly. On last occasion, it
was directed to the plaintiff to argue the matter on next date i.e. today
without fail. Today, the learned advocate of the defendant Nos. 1 to 5
mentioned that, he has filed an application raising issue of jurisdiction
of this Court and sought rejection of plaint. In these circumstances, in
the interest of justice, it appears necessary to extend the statusquo till
next date. In view of the same, I pass following order :
O R D E R
1. Application is allowed.
2. Statusquo order dated 08.10.2022 passed
below Exh. 9 is extended till next date.
3. On next date both sides to argue on
application under Order 7, Rule 11 of Code of
Civil Procedure, 1908 filed by defendant Nos.
1 to 5.
4. Cost in cause.
Place : Mumbai (A.B. Hodawadekar)
Date : 04.02.2023 Judge, C.R.No.34(BB)
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