DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Rahul Bhandare – Appellant
Versus
A2 Interiors Product Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. jurisdiction and procedural history of the case (Para 1 , 2) |
| 2. agreed directions for appeal resolution (Para 3) |
| 3. listing for further directions (Para 4 , 5) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral)--Notice in this appeal was issued on 17.12.2021, pursuant to which the respondent was served.
1.1. Accordingly, Mr Mohit Chaudhary, Advocate, has entered appearance on behalf of the respondents.
2. The order, which is impugned in the present appeal, is an interlocutory order dated 15.11.2021, passed by the learned Single Judge in I.A. No.14342/2021, preferred in CS(COMM) No.555/2021. The respondent [i.e., the plaintiff] had moved this application in the suit, under Order XXXVIII Rule 5 read with Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [in short "CPC"].
2.1. The operative directions issued by the learned Single Judge are contained in paragraph 13 of the impugned order. For the sake of convenience, the same is extracted hereafter :
"13. Till the next date of hearing, the parties shall maintain status-quo with respect to the title and possession of the properties being House No.C-1
Court emphasizes the requirement of notifying intentions to create third-party rights in property pending adjudication of application, upholding status quo.
The court has the authority to issue specific directions to maintain the status quo and prevent changes in disputed properties during the pendency of an interlocutory application.
The court clarified the limited extent of the restraint on the appellants and emphasized that the factual observations and findings in the impugned order shall not have a bearing on the final disposa....
The court clarified that an injunction cannot stand if the party seeking it is not presently in possession of the property.
Court emphasized the necessity for specific findings on status quo applications in property disputes, underscoring thorough assessment by the lower court amid ongoing appeals.
An order passed by the Court at any stage of the case has equal efficacy and cannot be violated.
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
The court ruled that maintaining the status quo regarding property is essential to ensure legal consistency until similar legal matters are resolved.
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