2003 Supreme(Ori) 451
2003 (Supp.) OLR (NOC) — 982
P. K. TRIPATHY, J.
Madan Mohan Sahu alias Sahoo...Petitioner
Versus
Bijay Kumar Sahoo...Opp. Party
Civil Revision No. 52 of 2002
(Date of Judgment : 17.6.2003)
Headnote:CIVIL PROCEDURE CODE, 1908 - Order 39, Rules 1 and 2 - Interim injunction - Courts duty - An order of status quo allows the things to be maintained in the same manner as it was on the date of the application/order - Unless the Court records a specific finding as to what was that state of things relating to which status quo to be maintained, the order of status quo is ambiguous and may lead to confusion - In the present case it is but necessary for the Court deciding that issue to consider and record a finding, though on prima facie appreciation of evidence, as to who is in possession - Lower appellate Court failed to exercise jurisdiction properly.
Madan Mohan Sahu alias Sahoo vs Bijay Kumar Sahoo - 2003 Supreme(Ori) 451