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2016 Supreme(UK) 400

U.C.DHYANI
Om Dutt Sharma – Appellant
Versus
Ram Dutt Sharma – Respondent


Advocates Appeared:
For the Petitioner:Mr. Abhishek Verma, Advocate.

JUDGMENT :

U.C. Dhyani, J.

By means of present writ petition, the petitioner seeks following relief, among others:

“Issue an appropriate order or direction setting aside/quashing the impugned order dated 23.7.2016 passed by Additional Commissioner Garhwal Mandal and order dated 29.7.2016 passed by learned CRC, so far it directs for maintaining status quo.”

2. Order impugned is being reproduced herein below for convenience:

“Presented today, Caveat has been filed on behalf of the opposite party in the revision. Let caveator be informed on hearing on the maintainability of the revision. List on 10.8.2016. Till then the parties shall maintain status quo.”

3. The very purpose of filing a caveat is that the caveator should be heard before passing any interim order or otherwise. In the instant case, interim relief has been granted without prior notice to the caveator, which is not sustainable in the eye of law.

4. Sub-section (3) of Section 148A CPC says that where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court shall serve a notice of the application, on the caveator. In the instant case, although the notice has been directed















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