Case Note & Summary
The appeal from order arose from a civil suit concerning a property dispute. The appellants, Ravindra @ Ravi Kastia and others, were plaintiffs in the suit. The respondents, including Abdul Kader and others, were defendants. During the pendency of the appeal, the appellants placed on record an affidavit of one of the plaintiffs, Pradeep Sancheti, stating that defendant Nos.1 to 8 had sold the suit property to defendant No.9 for a consideration of Rs. 1,06,34,000/-. Consequently, defendant No.9 was in possession of the suit property. The Court, after hearing the parties, noted that an earlier status quo order dated 2.4.2007 had been in force for almost three years. To maintain the status quo and protect the property, the Court directed the parties to maintain status quo as of the date of the judgment. The Court also directed the trial court to dispose of the suit expeditiously, by 31.12.2010. The appeal was disposed of accordingly.
Headnote
A) Civil Procedure - Interim Orders - Status Quo - Code of Civil Procedure, 1908, Order 39 Rules 1 and 2 - The Court directed parties to maintain status quo as of the date of the order, continuing an earlier status quo order from 2.4.2007, to protect the suit property pending expeditious disposal of the suit by 31.12.2010. (Paras 1-3)
Issue of Consideration
Whether the status quo order should continue pending disposal of the suit.
Final Decision
The appeal from order is disposed of by directing the parties to maintain status quo as of today with respect to the suit property. The trial court is directed to dispose of the suit as expeditiously as possible and in any event by 31.12.2010.
Law Points
- Status quo order
- interim relief
- expeditious disposal of suit
Case Details
2010 LawText (BOM) (01) 23
Appeal from Order No.288 of 2007
Mr. V.B. Naik for Appellants, Mr. V.G. Indrale h/f V.D. Gurale for Resp. Nos.1 to 8, Mr. D.S. Sawant for Resp. No.9
Ravindra @ Ravi Kastia s/o Joharmal Kastia & Ors.
Abdul Kader s/o Abdul Raheman Deshmukh & Ors.
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Nature of Litigation
Civil appeal from order in a property dispute suit.
Remedy Sought
The appellants sought continuation of status quo order and protection of suit property.
Filing Reason
The appellants filed an affidavit stating that defendant Nos.1 to 8 had sold the suit property to defendant No.9, necessitating continuation of status quo.
Previous Decisions
An earlier status quo order was passed on 2.4.2007 and had been continuing for almost three years.
Issues
Whether the status quo order should continue pending disposal of the suit.
Submissions/Arguments
Appellants placed on record an affidavit stating that defendant Nos.1 to 8 sold the suit property to defendant No.9 for Rs. 1,06,34,000/-.
Respondents opposed the continuation of status quo.
Ratio Decidendi
The court directed status quo to protect the suit property pending expeditious disposal of the suit, continuing an earlier order.
Judgment Excerpts
After hearing the parties for some time, in my opinion, it would be appropriate to direct the parties to maintain status quo as of today with respect to the suit property.
Appeal from Order is therefore disposed of by directing the parties to maintain status quo as of today with respect to the suit property.
Procedural History
The appeal from order was filed against an order in a civil suit. An earlier status quo order was passed on 2.4.2007. The present order disposes of the appeal by continuing the status quo and directing expeditious disposal of the suit.
Acts & Sections
- Code of Civil Procedure, 1908: Order 39 Rules 1 and 2
