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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEEPAK KHOT
Santosh Kumar (Dead) Through Lrs. Smt. Asha Jain – Appellant
Versus
Rajesh – Respondent
ORDER :
DEEPAK KHOT, J.
The applicants have filed this application under Order 39 Rule 2-A of the Code of Civil Procedure, 1908 for punishing the non-applicants for breach of the order dated 16.04.2012 confirmed by order dated 12.03.2014 passed by this Court in First Appeal No. 140/2012.
2. It is submitted by the learned counsel for the applicants that the original applicant/sole appellant-Santosh Kumar instituted a suit against the non-applicants seeking relief of declaration of title and partition. The respondents contested the suit by filing the written statement.
3. It is submitted by the learned counsel for the applicants that the learned court below vide judgment and decree dated 30.11.2011 dismissed the claim of the applicants/plaintiffs holding that the applicants/plaintiffs have failed to prove their case. Being aggrieved by the judgment and decree dated 30.11.2011, the applicants have filed First Appeal No. 140/2012 alongwith an application under Order 39 Rule 1 and 2 of the Code.
4. The said first appeal came up for hearing before this Court on 16.04.2012. After hearing both the parties, this Court vide order dated 16.04.2012 (Annexure A/2) directed the parties that till the
The proceedings under Order 39 Rule 2-A CPC are quasi-criminal in nature, and willful disobedience must be proved beyond a shadow of doubt.
The court emphasized the necessity of enforcing interim orders and provided guidance on using police assistance for compliance in cases of ongoing violations.
The main legal point established in the judgment is that the interpretation of a status-quo order must be seen in the context in which it was passed, and any violation must be willful, deliberate, or....
The main legal point established in the judgment is that the interpretation of a status quo order must be understood in the context in which it was passed, and any violation must be willful, delibera....
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 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.
Courts must ensure the enforcement of status quo orders, exercising inherent powers as necessary, especially when other remedies are inadequate.
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