Bombay High Court Issues Notice and Continues Status Quo in Writ Petition — Interim Protection Granted Pending Final Disposal. The court directed continuation of status quo order passed by Trial Court on 28.01.2015 until next hearing.

High Court: Bombay High Court Bench: NAGPUR
  • 39
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Case Note & Summary

The petitioners filed a writ petition before the Bombay High Court, Nagpur Bench, seeking relief against the respondent. The court issued notice to the respondent for final disposal of the matter, returnable on 08.04.2015. The court also directed that the order of status quo passed by the Trial Court on 28.01.2015 shall continue to operate. The respondent was to be served by R.P.A.D. in addition to regular mode of service. The matter was adjourned for further hearing.

Headnote

A) Civil Procedure - Interim Orders - Status Quo - Continuation of Status Quo - Code of Civil Procedure, 1908, Order 39 Rules 1 and 2 - The High Court issued notice for final disposal and directed that the status quo order passed by the Trial Court on 28.01.2015 shall continue to operate until the next returnable date. (Para 1)

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Issue of Consideration

Whether the order of status quo passed by the Trial Court should continue pending final disposal of the writ petition.

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Final Decision

Notice issued for final disposal, returnable on 08.04.2015. Status quo order dated 28.01.2015 passed by the Trial Court shall continue to operate.

Law Points

  • Interim relief
  • status quo
  • notice for final disposal
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Case Details

2015 LawText (BOM) (04) 136

Writ Petition No.988 of 2015

2015-02-25

R.K. Deshpande

Shri R.N. Ghuge for Petitioners

Veena wd/o Dilip Gorey and another

Dr. Prafulla Gopalrao Waghmare

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Nature of Litigation

Writ petition challenging some order of the Trial Court

Remedy Sought

Petitioners seek relief against the respondent, likely challenging an order of the Trial Court

Previous Decisions

Trial Court passed an order of status quo on 28.01.2015

Issues

Whether the status quo order should continue pending final disposal

Ratio Decidendi

The court found it appropriate to continue the status quo order to maintain the position until the matter is finally heard.

Judgment Excerpts

The order of status quo passed by the Trial Court on 28.01.2015 shall continue to operate.

Procedural History

The Trial Court passed an order of status quo on 28.01.2015. The petitioners filed the present writ petition. On 25.02.2015, the High Court issued notice for final disposal and directed continuation of the status quo order.

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High Court Bombay High Court Issues Notice and Continues Status Quo in Writ Petition — Interim Protection Granted Pending Final Disposal. The court directed continuation of status quo order passed by Trial Court on 28.01.2015 until next hearing.
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