Case Note & Summary
The dispute arose between a father and daughter regarding ownership of immovable property, with the daughter claiming ownership through adverse possession. She filed a suit seeking a declaration and permanent injunction against her father, who is the respondent. Initially, the trial court granted an order to maintain status quo regarding possession, but later vacated this order. The appellant appealed against this decision. The High Court of Gujarat admitted the appeal and noted that an interim order had been in place since July 1994, preventing dispossession of the appellant. The court decided to continue this order until the suit was resolved, directing the trial court to expedite the hearing due to the respondent's advanced age. The appeal was allowed with no order as to costs, and the parties were instructed to maintain the status quo regarding the property.
Headnote
A) Property Law - Adverse Possession - Claim of Ownership - Code of Civil Procedure, 1908, Order 39 - Appellant claimed ownership of property through adverse possession and sought injunction against dispossession. The court allowed the appeal to maintain status quo until the suit's final disposal, emphasizing the need for expedited hearing due to the respondent's age. Held that the status quo should be preserved (Paras 2-3).
Issue of Consideration
Whether the appellant is entitled to maintain status quo regarding possession of the suit property pending the final disposal of the suit.
Final Decision
The appeal was allowed, maintaining status quo regarding possession of the suit property until the final disposal of the suit. The trial court was directed to expedite the hearing, preferably within six months.
Law Points
- Adverse possession
- Permanent injunction
- Status quo
- Expedited hearing
