ANOOP V.MOHTA
Sunder Shaekhar – Appellant
Versus
Shamshad Abdul Wahid Supariwala – Respondent
1. The Appellant (Original Defendant No.1) has challenged order dated 3 October 2012 passed in Civil Suit No.2305 of 2010 passed by the learned Judge, City Civil Court, Bombay. The operative part of order is as under:
“1. The notice of motion no.2722 of 2010 is allowed
2. The defendant no.1 is temporarily restrained from portraying himself as an adopted son of late Haji Mastan Mirza in any manner whatsoever until further order.
3. The defendant nos.2 to 4 are also temporarily restrained from projecting or introducing the defendant no.1 as an adopted son of late Haji Mastan Mirza in any manner whatsoever until further order.
4. Cost as in cause.
2. Respondent Nos.1 to 3 (Original Plaintiffs) are daughters of late Haji Mastan Mirza (the deceased). The original Defendant Nos.2 to 4 (Respondent Nos.4, 5 & 6) are Printers/publishers/TV news channel of India. The prayers of suit are:
“(a) Hold & Declare that adoption of son is not recognized by Islamic Law.
(b) Hold & Declare that Defendant No.1 is not an adopted son of Haji Mastan Mirza.
(c) Hold & Declare that Defendant Nos.2 to 4 (print & visual media) have no right to portray Defendant No.1 as adopted son of Haji Mastan Mi
Mohd. Atiq Khan V. Union of India and others 2003(3) AWC 1818
Moulvi Mohammed Vs. S. Mohaboob Begumgu (AIR 1984 Mad 7
Puthiya Purayil Abdurahiman V. T.K. Avoomma AIR 1956 Mad 244
Gujarat Bottling Co. Ltd. Vs. Coca Cola Co. (1995) 5 SCC 545) (2)
Seema Arshad Zaheer Vs. Municipal Corpn of Gr. Mumbai (2006) 5 SCC 282)
Zenit Mataplast Private Limited Vs. State of Maharashtra (2009) 10 SCC 388)
Home Care Retail Marts Private Limited Vs. New Era Fabrics Limited (2009) 17 SCC 429)
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