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2005 Supreme(SC) 599

Supreme Court Of India
D.M. DHARMADHIKARI AND B.N. SRIKRISHNA, JJ.
PATNAM SHAKUNTALA AND ANOTHER - Appellants
Versus
GIRIDHAR MULJI CHAVDA (DEAD) BY LRS. AND OTHERS - Respondents
Civil Appeals Nos. 2526-27 of 2005 with Nos. 2528-29 of 2005 and 2530-3 of 2005,
Decided on April 8, 2005

Headnote:

Civil Procedure Code, 1908, Order 43 and 39, Rules 1 and 4 - Interim order directing the parties to maintain status quo - High Court, in appeal vacated the said order -Not proper- Instead it could have been appropriate for the High Court to direct the parties to maintain status quo until decision of the appeals- Order of High Court set aside and matter remitted back to the High Court for decision afresh-Parties to maintain status quo regarding suit property until decision of appeal.[Paras 3 and 4]

ORDER

1. Delay in tiling the counter-affidavit is condoned.

2. Leave granted.

3. Heard learned counsel for the parties.

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