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HIGH COURT OF JAMMU AND KASHMIR
SANJAY DHAR, J
GHULAM NABI WANI AND ORS – Appellant
Versus
JANDAD KHAN AND ORS – Respondent
ORDER :
1) The petitioners, through the medium of present petition have challenged order dated 06.02.2025 passed by the Court of learned Munsiff, Budgam (hereinafter referred to as “the trial court”), whereby the trial court has clarified that order dated 30.01.2025 passed by the said court by virtue of which Tehsildar, Khansahib was directed to implement the order of status quo, sustains. It has been further observed in the said order that the court would proceed with the implementation of its earlier order through Tehsildar concerned.
2) Heard and considered.
3) It appears that the petitioners have field a suit against the respondents seeking a declaration that land measuring 04 kanals and 17 marlas falling under Khasra No.950/182 and 949/182 min situated at Village Raiyar Ich Tehsil Khansahib District Budgam belongs to them with a decree of permanent injunction that the defendants be restrained from causing any sort of interference in the suit property. It also appears that the plaintiffs/petitioners also filed an application for grant of interim relief along with the said suit.
4) On 25.01.2025, an exparte interim order came to be passed by the learned trial court whereby the parti
Trial courts must specify possession in status quo orders to prevent ambiguity and ensure effective implementation.
The possession of the respondents in the suit property is recorded in the revenue record and the court found no manifest error in the findings of the trial and appellate courts.
Implementation of order - Plaintiff is not sure of boundaries of land of which he claims ownership and that is why he had moved application for appointment of Commissioner before trial court - Court ....
The court emphasized the necessity of enforcing interim orders and provided guidance on using police assistance for compliance in cases of ongoing violations.
The trial court has the jurisdiction to grant the relief of status quo ante under Order XXXIX Rule 2A of CPC and Section 151 CPC if the status quo order is violated by the respondent.
The main legal point established is the need to satisfy the court with reference to three cardinal principles for the grant of injunctive relief: prima facie case, balance of convenience, and irrepar....
Status quo orders in property disputes must be based on clear findings of possession; courts must protect property rights during litigation.
Consistency in orders involving the same subject matter and parties is necessary for maintaining fairness and equity in legal proceedings.
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