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No Prima Facie Case Made Out; No 'Status Quo' Orders to be Passed: SC
Recently the Supreme Court has set aside a Court order in a revision petition by Punjab and Haryana High Court which directed parties in a civil suit to maintain 'status quo' even though no prima facie case was made out by the plaintiffs for grant of such relief.
In this case, an interim injunction is sought by the plaintiff against construction by a defendant in a building which the plaintiff claimed to be his own. Under Order 39 Rules 1 and 2 of the Code of Civil Procedure, the application was dismissed by the Trial Court. The court made a verifiable finding in the facts of the case that, the suit property was possessed by the defendants and that the plaintiff party created no proof with respect to the acquisition of the first floor over the suit property in question. The appeal was dismissed by the First Appellate Court.
The High court, in its judgment, narrated the facts and contentions made by the parties, While disposing of the revision petition against these concurrent orders.It did not make any findings of its own, but disposed of the Revision Petition observing thus: "Since the suit is itself at initial stage and rights of the parties are yet to be determined by the Trial Court with reference to the evidence to be led by them, therefore, in my considered opinion, it would be just and appropriate to direct both the parties to maintain status quo as regards construction as it exists today."
The bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna, while setting aside the 'Status Quo' order by allowing the SLP filed by defendants said:
"In our opinion, the High Court committed manifest error in directing the parties to maintain status quo despite the fact that no prima facie case was made out by the plaintiffs for grant of such relief...
...Suffice it to observe that the impugned order directing the parties to maintain status quo cannot be sustained in the fact situation of the present case. The same is set aside."
Then the Trial Court got directed by the bench to speed-up the hearing of the suit and dispose of the same,
Case Name: POOJA MITTAL vs. RAKESH KUMAR
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