Interim Order 9

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
Order below Exh. 36
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 : 27.01.2023.
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
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objection.
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 07.01.2023 the learned
advocate of the plaintiff argued the matter partly. Thereafter, matter
adjourned on 12.01.2023. On that day, the matter was adjourned due to
illness of the learned advocate of defendant. Today the matter is for
further arguments. For the reasons mentioned in the application and in
the interest of justice, it appears necessary to extend the statusquo till
next date. On next date, plaintiff to argue the interim application
without fail, else, necessary order will be passed. 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 the plaintiff to argue the interim
application, without fail, else, necessary order
will be passed.
4. Cost in cause.
Place : Mumbai (A.B. Hodawadekar)
Date : 27.01.2023 Judge, C.R.No.34(BB)
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