ORDER
This petition under Article 227 of the Constitution of India has been filed against the order dated 26.07.2024 passed by XIII Civil Judge Class - II, Gwalior in RCS A No.61/2016.
2 . It is submitted by counsel for petitioner that petitioner filed an application under Order 6 Rule 17 of CPC seeking decree of possession as well as mesne profit @ Rs.5000/- per month from March, 2021. It is submitted that although the said application was allowed, but Trial Court has also directed to pay the ad volerum court fee. Petitioner is aggrieved by direction of the Trial Court by which petitioner is required to pay the ad volerum court fee. It is submitted that earlier Trial Court had issued temporary injunction to maintain the status quo, therefore, if petitioner has been dispossessed during the pendency of that temporary injunction, then Trial Court should not have directed to pay the ad volerum court fee for delivery of possession.
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(G. S. AHLUWALIA)
JUDGE
3. Heard counsel for petitioner. 4 . Status quo does not mean adjudication of rights of the parties. It merely means that condition which is prevailing on the date of order has to maintained. If defendant was in possession, then his possession is protected or plaintiff was in possession, then his possession is protected. Unless and until there is a specific adjudication in favour of plaintiff that he is in possession, it cannot be said with certainty that plaintiff was in possession. If the defendant was in possession even on the day when the order of status quo was passed, then it cannot be said that defendant had dispossessed the plaintiff during the pendency of temporary injunction order.
5. Even otherwise, the petitioner did not pray for restoration of status quo ante and had prayed for decree for possesion.
6. Under these circumstances, Trial Court did not commit any mistake by directing the petitioner to value the suit in accordance with now relief (s) and to pay the court fee accordingly.
7. As no illegality was committed by the Trial Court, accordingly, the petition fails and is hereby dismissed.
Rashid
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