Order 6

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
Order below Exh. 33
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 : 22.12.2022.
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 present, however, not able to argue the matter.
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 for extension of statusquo. They prayed that statusquo may
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not be extended.
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 the matter is for
arguments. The learned advocate of plaintiffs is present today and
ready to argue but learned advocate of defendant Nos. 6 and 7 is absent.
Holding advocate of defendant Nos. 6 and 7 prayed for adjournment. In
this scenario, in the interest of justice, it appears necessary to extend the
statusquo till next date, however, as an extreme last chance. On next
date, both sides to 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 an
extreme last chance. Both sides to argue the
application on next date without fail
3. Cost in cause.
Place : Mumbai (A.B. Hodawadekar)
Date : 22.12.2022 Judge, C.R.No.34(BB)
Dictated on c0omputer : 22.12.2022
Checked & signed on : 22.12.2022
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