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2013 Supreme(Kar) 726

High Court of Karnataka
ARAVIND KUMAR, J.
M/s Bagmane Constructions Pvt. Ltd.
Versus
Sri. D. Digambarnath & Others
Miscellaneous First Appeal No. 9311 of 2013 (CPC)
Decided On : 13-11-2013

Advocates Appeared:
For the Appellant:Udaya Hclla, Senior Counsel, Shashikiran Shetty K, Associates, Advocates.
For the Respondents:R1, R.Vishwanath Rao, Advocate.

Headnote:CODE OF CIVIL PROCEDURE, 1908 - Order 39, Rules 1 & 3: [Aravind Kumar, J] Temporary injunction - Suit for temporary injunction to restrain defendants from alienating or encumbering suit schedule property - Trial Court issued emergent notice on application and on appearance - Written statement and objections to application was filed - At this stage of adjudication, Plaintiff has also filed Application seeking order of restraint against defendant from changing or altering nature of property - Application under Order 7, Rule 11(b) and (d) was also filed by defendants - Objections by defendants filed indicating how plaintiff did not have prima facie case or balance of convenience not being in favour of plaintiff - Order of status quo passed by sub-ordinate Court without considering said aspects and without examining application filed under Order 7, Rule 11 of C.P.C., - Held, Order directing parties to maintain status quo is not proper. Impugned order was set aside.

Judgment :

1. This appeal is by defendant No. 11 of O.S.No.4743/2012 directed against the order of status- quo passed by trial Court on 21.10.2013.

2. Though appeal is listed for orders by the consent of learned Advocates appearing for parties, it is taken up for final disposal.

3. Plaintiff filed a suit O.S.4743/2012 for declaration of his title to the suit schedule property amongst other declarations sought for and for perpetual injunction. An application for grant of temporary injunction to restrain the defendants from alienating or encumbering the schedule property was also filed. Written statement and also objections to the application for temporary injunction came to be filed by the 11th defendant. An application under Order VII Rule 11 (b) & (d) of CPC came to be filed by 11th defendant. Trial Court by order dated 21.10.2013 passed an order to the following effect:

"Advocate for plaintiff present. Advocate for D-3 present.

Advocate for D-7 to 11 present.

Adv for D-7 to 11 submit that construction is already completed before filing the suit..

Both the parties are directed to maintain status-quo in respect of suit schedule property till next date."

Sd/- Judge

Being aggrieved by this order, present appeal has been filed by 11th defendant.

4. Time and again this Court as well as Hon'ble Apex Court has held that when an order of status-quo is granted by a Court said order of status quo should be explained in unequivocal terms as to "what that status-quo would mean" as otherwise such orders when passed without any qualification or condition it would lead to ambiguity, erroneous interpretation by the parties to the lis and thereby resulting in multiplicity of proceedings.

5. The expression 'status quo' is undoubtedly a term of ambiguity and at times gives rise to doubt and difficulty. According to the ordinary legal connotation, the term *status quo' implies the existing state of things at any given point of time, In Wharton's Law Lexicon 14th Edition at page 951 Status Quo has been defined as meaning:

"The existing state of things at any given date; e.g., Status quo ante bellum, the state of things before the war".

According to Black's Law Dictionary 6th Edition the relevant passage occurs:

"The existing state of things at any given date. Status quo ante bellum the state of things before the law. "Status quo" to be preserved by a preliminary injunction is the last actual, peaceable, uncontested status which preceded the pending controversy."

6. If in a given case, the Court intends to give interim relief, it has to make endeavour to give specific injunctive relief or interim relief as may be necessary in the facts and circumstances of the said case. However, if the Courts were to opine or find it appropriate to grant, an order of "status quo", then it has to indicate the nature of such status quo as otherwise it may lead to multiplicity of proceedings, it is always desirable to indicate the nature of status quo and granting of such orders without:, qualifying the same should be avoided. The following judgments would clearly support said proposition:

1. AIR 1989 MADRAS 73: D. ALBERT VS. LALITHA AND OTHERS

"7. I am aware that many a court including the High Court have passed orders of 'status-quo' simpliciter. In fact, some time back, I came across an order of the High Court on the following lines: 'Petitioner claims to be in possession. Respondent filed a counter that he is in possession. In the circumstances, status quo should continue till the disposal of the appeal. It is obvious that such orders should not be passed by any court, high or low. Whenever a Court passes an order directing the preservation of 'status quo' it should be the same order state in unequivocal terms what the 'status quo' is. Otherwise the court will be failing to do its duty."

2. ILR 2001 KAR. 3466: N. RAMAIAH VS. NAGARAJ S. AND ANOTHER

"22. An order of status quo is a specie of interim orders, when granted indiscriminately and without qualifications or conditions, lea








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