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2014 Supreme(Online)(KER) 46076

HIGH COURT OF KERALA
V.CHITAMBARESH, J
DOLLY VARKEY – Appellant
Versus
SHAITUS GEORGE TITUS GEORGE – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with references:

  • The court emphasized that interim mandatory injunctions are intended to restore the status quo ante to prevent any inequity during ongoing proceedings (!) (!) .
  • The Advocate Commissioner’s reports indicated that the status quo had been altered after the injunction was issued, which justified the issuance of a mandatory injunction to restore the original condition (!) .
  • The court found no error in the lower courts’ decisions to grant the interim mandatory injunction, reaffirming the importance of returning to the status quo ante and allowing for reassessment of the property (!) (!) .
  • The purpose of the interim mandatory injunction is to ensure fairness by restoring the situation as it was on the date of the suit, and the orders of the lower courts were upheld as proper (!) .
  • The petitioners, who were added later as parties, argued that the status quo had already been restored, supported by a subsequent report from the Advocate Commissioner. The court directed that the Commissioner revisit the property in the presence of the parties to confirm the restoration of the original state (!) .
  • The court clarified that the suit should be decided independently of the observations and findings in the impugned orders, ensuring impartiality in the final judgment (!) .
  • Ultimately, the original petition was dismissed with instructions for the parties to restore the status quo ante, and the case was disposed of accordingly (!) .

Let me know if you need further analysis or assistance.


J U D G M E N T

The status quo available as on the date of suit has been well reported by the Advocate Commissioner on 28.11.2012. But his report and plan dated 18.12.2012 reflected that the status quo has since been altered. It was obviously done during the operation of the order of injunction passed in the suit. It is under these circumstances have the Courts below concurrently allowed the application for interim mandatory injunction.

2. The very purpose of the interim mandatory injunction is to restore status quo ante as on the date of suit. I do not find any error of jurisdiction in the orders of the Courts below warranting interference. The petitioners have a case that they were impleaded only much after the interim order of injunction. But the fact that they are none other than the aged mother and the spinster sister of the original defendant in the suit cannot be lost sight of. Their impleadment in the suit was necessitated since it was urged that the pathway flows along their property also.

3. The petitioners have yet another case that the status quo ante has already been restored. They rely on the report dated 21.01.2013 of the Advocate Commissioner for this purpose. It woul

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