Case Note & Summary
The present appeals arise from a common judgment and order dated 08.12.2025 passed by a learned Single Judge of the Gujarat High Court in Special Civil Application No. 7284 of 2025 and connected matters. The appellants, Ashokbhai Kanjibhai Mange and others, had filed the appeals challenging the interim order of status quo granted by the Single Judge in favour of the respondents, Mohandasji Guru Karsandasji and others, who claimed to be trustees of a religious trust. The dispute pertained to the possession and management of trust property. The Single Judge, after hearing the parties, directed that status quo be maintained with regard to the possession of the suit property, meaning that the parties were to maintain possession as on the date of the order. Aggrieved by this interim direction, the appellants preferred the present Letters Patent Appeals. The Division Bench, comprising the Chief Justice and Justice D.N. Ray, heard the appeals together. The appellants argued that the Single Judge had erred in granting the interim relief without considering the merits of their case and that the order was passed without jurisdiction. The respondents, on the other hand, contended that the appeals were not maintainable as the order was merely interlocutory and did not finally determine the rights of the parties. The court, after hearing the submissions, held that the appeals were not maintainable because the order of status quo was an interim measure that did not amount to a 'judgment' under the Letters Patent. The court further observed that the appellants had failed to establish a prima facie case for interference, as the trust was in possession of the property and the appellants' claim was based on disputed facts. Consequently, the court dismissed all the appeals, upholding the Single Judge's order. The court also disposed of the connected civil applications for stay. The judgment was delivered on 05.03.2026.
Headnote
A) Civil Procedure - Interim Relief - Status Quo - The court considered the maintainability of Letters Patent Appeals against an interim order of status quo passed by a Single Judge in a Special Civil Application. The Division Bench held that the appeals were not maintainable as the order was interlocutory in nature and did not finally determine the rights of the parties. (Paras 1-2) B) Trust Property - Possession - Prima Facie Case - The Single Judge had granted status quo in respect of a trust property, directing the parties to maintain possession as on the date of the order. The Division Bench found that the appellants had not made out a prima facie case for interference, as the trust was in possession of the property and the appellants' claim was based on disputed facts. (Paras 2-3) C) Letters Patent Appeal - Maintainability - Interlocutory Order - The court examined the scope of Letters Patent Appeal against an interim order and held that such an appeal is not maintainable unless the order amounts to a 'judgment' within the meaning of the Letters Patent. Since the order merely directed status quo, it did not finally adjudicate any rights and hence the appeals were dismissed as not maintainable. (Paras 1-2)
Issue of Consideration
Whether the learned Single Judge was justified in granting interim relief in the nature of status quo in favour of the respondents and whether the appeals against such interim order are maintainable.
Final Decision
The Division Bench dismissed all the Letters Patent Appeals, holding that they were not maintainable against an interim order of status quo. The court upheld the Single Judge's order and disposed of the connected civil applications.
Law Points
- Interim relief
- status quo
- possession
- trust property
- Letters Patent Appeal
- maintainability of appeal
- balance of convenience
- prima facie case
