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2023 Supreme(Online)(KER) 29650

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
VARGHESE DANIEL – Appellant
Versus
MAHATHMA SMARAKA VAYAANASHAALA – Respondent
OP(C) 2380 2023



Advocates:
RINNY STEPHEN CHAMAPARAMPIL, ASHA ELIZABETH MATHEW, ANJANA S.

An interim order to maintain status quo is permissible under Section 151 of CPC when necessary to protect a party's right to appeal.

Headnote:

Easement - Property - CPC Section List - The court ordered the Munsiff to issue the certified copy of the judgment expeditiously and maintain the status quo to facilitate the petitioner's right to appeal, interpreting CPC Section 151 for interim relief.

Fact of the Case:

The plaintiff sought a declaration of easement rights, but the suit was dismissed. The plaintiff applied for a certified copy of the judgment to appeal, requesting interim relief to maintain the status quo.

Finding of the Court:

The court found that the plaintiff was entitled to an expeditious issuance of the certified copy and that maintaining the status quo was necessary to preserve the plaintiff's rights during the appeal process.

Issues: Whether the plaintiff is entitled to an interim order maintaining the status quo pending the issuance of a certified copy of the judgment.

Ratio Decidendi: The principle established is that an interim order under Section 151 CPC can be issued to maintain the status quo to ensure that a party can pursue their right to appeal.

Final Decision: The court directed the issuance of a certified copy and maintained the status quo for three weeks to enable an appeal.

JUDGMENT

Dated, this the 3rd November, 2023 The petitioner herein is the plaintiff in O.S. No.359/2014 of the Munsiff Court, Chengannur. The suit was one for declaration of right of easement by prescription. All through out the suit, there was an order of injunction in favour of petitioner/ plantiff. However, the suit was ultimately dismissed on 28.10.2023. The petitioner/plaintiff had applied for a certified copy, which has not been issued yet. Petitioner filed an Interlocutory Application under Section 151 CPC to maintain the status quo in respect of the plaint schedule property, until the certified copies are issued, thus enabling the plaintiff/petitioner to file an appeal. No orders are passed in that application as well. In such circumstances, the instant Original Petition is filed.

2. Heard the learned counsel appearing for the petitioner. Having regard to the limited relief sought for, notice to the respondents are dispensed with.

3. The Original Petition is disposed of directing the learned Munsiff, Chengannur to issue certified copy of the judgment in O.S.No.359/2014, as expeditiously as possible. There will be a further direction to the parties to maintain the status quo - which was prevailing between them all through out the pendency of the suit - for a period of three weeks from today, so as to enable the petitioner/ plaintiff to prefer an appeal challenging the judgment in question.

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