SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Bom) 1134

SANDEEP K.SHINDE
Syed Abdul Rahim – Appellant
Versus
Qumar Begum – Respondent


Advocates appeared:
Tripathi Manish P, Advocate

JUDGMENT

Sandeep K Shinde, J. - Heard learned counsel for the parties.

2. Petitioner/Plaintiff instituted RCS No. 22 of 2021, in the Court of Civil Judge, Junior Division, Parali, District Beed on 27.01.2021, seeking a declaratory relief and preventive injunction against the defendants. The defendant No. 1, mother; whereas, Nos. 2 and 3 are the brother-in-laws of the petitioner/plaintiff. It is the petitioner's case that the suit properties were owned by his father, who in his lifetime transferred the suit properties in the name of the defendant No. 1 (mother of plaintiff). Upon presenting the suit, plaintiff was apprehending that mother would frustrate the suit by alienating suit properties. He therefore, moved an application and requested the trial Court that the parties to the suit be directed to maintain a status-quo, in respect of the suit properties. The trial Court declined the request vide order dated 16th March, 2021. This order is challenged in the instant petition.

3. In my view, application moved by the plaintiff/petitioner, seeking the order, 'to maintain status-quo', qua suit properties, was an application under Order XXXIX Rule 1 or 2 of the Code of Civil Procedure ('th

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top