Case Note & Summary
The appellants, Smt. Florinda Bhardwa and Shri Ramesh Bhardwa, filed an appeal against an interim order dated 17/11/2003 passed by the Civil Judge, Senior Division, Mapusa, in a temporary injunction application. The trial court had directed the defendants to maintain status quo in respect of the suit access, not to interfere with the suit strip lying to the west of the suit plot, and not to create third party interest or transfer the suit plot until the suit was decided on merits. The suit, Special Civil Suit No. 59/2000/A, was filed in the year 2000. During the appeal, this Court on 30/04/2004 modified the trial court's order, restricting it to maintenance of status quo regarding use of access, permitting the applicants to pluck fruits from trees in the disputed strip, and allowing transfer of property subject to the condition that the transferee would not get better title and would be bound by the result of the litigation. The Court observed that the suit was of the year 2000 and must be ripe for hearing, and therefore no purpose would be served by adjudicating the interim matter on merits at this stage. Accordingly, the Court directed the trial court to take up the matter for adjudication on merits after giving opportunity to both sides to lead evidence as early as possible. In the meantime, parties were directed to be bound by the earlier order passed by this Court on 30/04/2004 in the civil application. The appeal was disposed of with no order as to costs.
Headnote
A) Civil Procedure - Interim Injunction - Status Quo - Appeal against interim order - Court declined to adjudicate interim matter on merits as suit was pending since 2000 and directed trial court to expedite hearing - Held that no purpose would be served by deciding interim matter at this stage (Paras 2-4).
Issue of Consideration
Whether the appeal against the interim order granting status quo should be adjudicated on merits or whether the suit should be expedited for final disposal.
Final Decision
The appeal is disposed of with direction to the trial court to take up the suit for adjudication on merits as early as possible. Parties shall be bound by the earlier order of this Court dated 30/04/2004. No order as to costs.
Law Points
- Interim injunction
- status quo
- expedited trial
- disposal of appeal without adjudicating merits
