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SANDEEP N. BHATT
Rupinbhai Bharatbhai Divecha – Appellant
Versus
Legal Heirs Of Decd. Chandulal Gaurishankar Thakar – Respondent
ORDER :
1. The present petition is filed by being aggrieved and dissatisfied with the impugned order dated 11.11.2020 passed below Ex.18 in Regular Civil Suit No.411 of 2019, by which the trial Court has partly allowed the application filed by the respondent Nos.1.1 and 2.1, by directing the parties to maintain status quo.
2.1 Brief facts of the case are as such that the petitioner and other had instituted Regular Civil Suit No.411 of 2019 before learned Principal Senior Civil Judge, Una, for declaration to the effect that the part of the suit property, which is in dilapidated condition, may be permitted to be pulled down by the plaintiffs and that the defendants may be injuncted from causing any disturbance for the same. On 07.10.2019, the learned Judge has granted the application below Exh.5 moved in Regular Civil Suit No.411 of 2019 and directed that if the petitioner wants to pull down the construction, the defendants shall not cause any obstruction for the same.
2.2 It is further the case of the petition in the present petition that the respondent Nos.1.1 and 2.1 filed an application below Exh.18 under Section 151 of the Code of Civil Procedure, 1908, inter alia, stating that
The main legal point established in the judgment is the interpretation and application of Order I Rule 10 of the Code of Civil Procedure, 1908 in determining the necessity of adding parties to the su....
The rejection of the application for status quo was found to be just and proper, and the court emphasized the availability of an alternative efficacious remedy by way of appeal from order.
The scope of a status quo order is ambiguous and requires clear evidence for violations, as courts will not intervene without established proof of breach.
The requirement for pre-institution mediation under Section 12-A(1) of the Commercial Courts Act can be bypassed if the suit seeks urgent interim relief, despite previous orders maintaining status qu....
The definition of 'status quo' in legal terms encompasses both possession and user of property; alterations to this status trigger violation of court orders under Article 227.
All amendments necessary for determining the real issue in controversy between the parties must be allowed, and the fact that the amendment may be belated cannot be a ground to disallow the amendment....
Court emphasized the necessity for specific findings on status quo applications in property disputes, underscoring thorough assessment by the lower court amid ongoing appeals.
Grant of injunction – Wherever proceedings are under CPC and forum is Civil Court, availability of a remedy under CPC, will deter High Court from exercising its Power of Superintendence.
Ambiguous status quo orders are unsustainable; courts must specify the status to be preserved to avoid legal uncertainties.
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