Case Note & Summary
The petitioner, Ajay Prakash Ghate, challenged orders of the trial court and appellate court directing demolition of construction undertaken on a road despite a status quo order. The suit was filed by respondent No.4 seeking temporary injunction to restrain the petitioner from interfering with access over the road. The petitioner had purchased the suit property from his client and allegedly gifted a portion to the Panchayat for road use. However, during the pendency of the suit, a status quo order was passed on January 16, 2015, restraining the petitioner from making any construction. Despite this, the petitioner carried out construction on the road. The trial court and appellate court concurrently held that the construction was in breach of the status quo order and directed its demolition. The petitioner argued that there was no substantive prayer for mandatory injunction in the suit and that the construction was carried out during periods when the status quo order was not in operation. The High Court rejected these contentions, noting that the petitioner's explanation was vague and disbelieved by both lower courts. The court held that the power to order restoration of status quo ante is inherent to prevent abuse of process and uphold the rule of law, even without a specific prayer for mandatory injunction. The petition was dismissed, affirming the demolition order.
Headnote
A) Civil Procedure - Mandatory Injunction - Breach of Status Quo Order - Courts can order restoration of status quo ante even without substantive prayer for mandatory injunction, when a party acts in breach of an interim order - Held that the power to grant such relief is inherent to prevent abuse of process and uphold rule of law (Paras 2-8). B) Property Law - Right of Way - Construction on Disputed Road - Petitioner, an advocate, purchased property and constructed on a road despite status quo order - Concurrent findings of fact by trial and appellate courts that construction was in breach - Held that such conduct warrants demolition to restore access (Paras 2-8).
Issue of Consideration
Whether the trial court and appellate court were justified in ordering demolition of construction carried out in breach of a status quo order, despite the absence of a substantive prayer for mandatory injunction in the suit.
Final Decision
Writ petition dismissed. Orders of trial court and appellate court directing demolition of construction upheld.
Law Points
- Mandatory injunction can be granted even without substantive prayer if there is breach of status quo order
- Restoration of status quo ante is necessary to uphold rule of law
- Concurrent findings of fact not interfered with lightly under writ jurisdiction
