Order 1

Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
Order below Exh. 16
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 : 20.10.2022.
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,
learned advocate of defendant Nos. 6 and 7 filed reply to injunction
application. Plaintiff is required to go through the reply and to file re
joinder to deny defendant Nos. 6 and 7's case. Hence, statusquo granted
by this Court may be extended till next date, in the interest of justice.
3. Learned advocate of defendant Nos. 6 and 7 filed say to this
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application and submitted that they have strong objection for extension
of statusquo. Under the garb of that order, plaintiff is trying to
dispossess the defendant Nos. 6 and 7. The defendant Nos. 6 and 7
have lodged police complaint against the plaintiff. They prayed that
statusquo may not be extended, as defendants have filed their reply.
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. Today, defendant Nos. 6 and 7
have filed their reply, yet reply of defendant Nos. 1 to 5 have not come
on record. 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. 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.
3. Cost in cause.
Place : Mumbai (A.B. Hodawadekar)
Date : 20.10.2022 Judge, C.R.No.34(BB)
Dictated on : 20.10.2022
Transcribed on : 21.10.2022
Checked & signed on : 05.11.2022
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