Interim Order 22

Order Details: Order on Exhibit
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(CNR No. MHSCA3-001177-2022)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.61
IN
R.A.D. SUIT NO. 429 OF 2022
Haji Mehmood Abdul Rahman Jalil Pitalwala ... Plaintiff
Versus
1. Ram Kumar Jalan Public Charitable Trust
and others … Defendants
Smt. Pallavi Vanjari i/b. Shri. D. D. Singh, Advocate for the plaintiff.
Ms. Sudha K. Gond i/b. Shri. Ritesh A. Singh, Advocate for defendant
Nos. 6 and 7.
Coram : Shri. A. J. Fatale, Judge.
C.R.No.34 (BB).
Date : 30.11.2023.
ORAL ORDER :-
1. Perused the application, say filed by Advocate of
defendant Nos.6 and 7 and record.
2. Present application is filed by Advocate of plaintiff for
extension of order dated 08.10.2022 passed below Exhibit No.9 till
filing of appeal/next date. It is her contention that today this Court
has passed an order on temporary Injunction application and rejected
the same. The plaintiff wants to challenge the said order before the
Hon’ble Appellate Court. Till today the order passed dated
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08.10.2022 is continued. She has lastly prayed for allowing the
application.
3. Advocate of defendant Nos.6 and 7 filed say and strongly
opposed the application for granting extension of the status-quo
order. Already the application Exhibit No.9 has been dismissed on
merits. The defendant is senior citizen and present application is
nothing but one more attempt to delay the adjudication of matter.
She has lastly prayed for rejection of the application.
4. It appears from record that till today order dated
08.10.2022 passed below Exhibit No.9 is continued. As per order
dated 08.10.2022, this Court granted status-quo as regards prayer
clause (b) and (d) of the application. As per prayer clause (b) of the
application, plaintiff claiming temporary injunction restraining the
defendant Nos.1 to 5 or anybody claiming through them from
transferring the rent receipt of the suit premises in the name of
defendant No.6 and/or in the name of defendant No.7 and/or in the
name of third party whomsoever. As per prayer clause (d) of the
application, plaintiff claiming temporary injunction against defendant
Nos.1 to 5 restraining them or anybody claiming through them from
paying transit rent or allotting temporary transit premises in lieu of
redevelopment of suit premises. Today, interim application Exhibit
No.9 filed by plaintiff for grant of temporary injunction is rejected.
However, Advocate of plaintiff wants to file the appeal challenging
this order and, therefore, she prayed for extension of the status-quo
order dated 08.10.2022 till filing of appeal.
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5. Considering the facts and circumstances on record, in my
opinion it will be just and proper to continue order dated 08.10.2022
passed below Exhibit No.9 till next date. No further extension will be
granted by this Court.
Sd/-.
(A. J. Fatale)
Date : 30.11.2023 Judge, C.R.No.34(BB).
Order Dictated & Typed on : 30.11.2023
Order Checked & Signed on : 30.11.2023
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