Interim Order 5

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
Order below Exh. 30
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 : 16.12.2022.
ORAL ORDER :
1. This application is taken out by the plaintiff for extension of
statusquo order.
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. Today,
his learned advocate is unable to attend the Court due to illhealth of his
wife. Hence, plaintiff prayed as above.
3. Learned advocate of defendant Nos. 6 and 7 filed say to this
application and submitted that they have strong objection for extension
of statusquo. They prayed that statusquo may not be extended.
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4. Heard both sides.
5. 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 last date, defendant Nos. 6
and 7 have filed their reply, yet reply of defendant Nos. 1 to 5 have not
come on record. Hence, today 'no reply' order is passed against
defendant Nos. 1 to 5. In this scenario and considering the reasons
given in the application, in the interest of justice, it appears necessary to
extend the statusquo till next date, however, as a last chance. On next
date, the plaintiff should be argue the matter. Hence, 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 as a
last chance. Plaintiff to argue the application
on next date.
3. Cost in cause.
Place : Mumbai (A.B. Hodawadekar)
Date : 16.12.2022 Judge, C.R.No.34(BB)
Dictated on computer : 16.12.2022
Checked & signed on : 16.12.2022
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