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...52 of the Transfer of Property Act." 2. Counsel for the appellant contended that the learned Single Judge while considering the matter has observed that the status quo cannot be ...issue, the Division Bench could have said so and dealt with the same appropriately. It did not." 4. Learned Single Judge himself states that status quo cannot be granted, therefore..., in our considered opinion, the learned Single Judge has committed serious error in granting larger relief then status quo. Thus,the contention raised by the appellant is required to be accepted...
.../2017] direction to maintain status quo cannot be granted unless prima facie case is made out and therein also balance of convenience should be in favour of the petitioner, which does not exist in...appeal being devoid of merit deserves to be dismissed. The same is dismissed. (VIJAY KUMAR VYAS),J. (K.S. JHAVERI),J. A.Sharma/12 ...
...plaint it can be said that the plaintiffs themselves are not sure about the identification of their property, injunction cannot be granted.6. Learned counsel for the appellants submits that whenever ...his argument.7. I do not dispute the preposition that status-quo can be ordered to be maintained when identity is disputed. But in this case, the plaintiffs plea itself indicates that they are not su...be ordered and he relies upon a judgment of this Court in MFA No. 4794/2012 and connected MFA No. 4796/2012 in support of...
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558] by submitting that the order of Status quo cannot be granted in vaccum without ascertaining as to which party is in possession of the pr...while adjourning the IA granted Status quo against the petitioners and the same was extended from time to time.
Sri B.Chandrasen Reddy, learned Senior Counsel for...-interim injunction restraining the respondents not to alienate the schedule property and the Court below without considering the said aspect has granted Status quo. He also submits that though...
...maintain status-quo.
On a pointed query made from learned counsel for the petitioner it is revealed that the order rejecting the stay application was not challenged by him and therefore, the prayer for maintenance...of lawyers being on strike and for various other reasons. He further submits that though his appeal was admitted, stay application was rejected on 21.08.2021 and therefore, parties may be directed to...being issued at this stage. Nevertheless, since the appeal is pending since April, 2021, direction for its expeditious disposal can be issued. Considering the facts and circumstance of the case, the...
...developments, the suits are expedited and the trial Court to endeavour to conclude the trial within six months from today.6. The order of status quo cannot be granted because the...trial Court, issues are framed and trial is commenced. The learned counsel submitted that the order of status quo passed on 19 March, 2015 to continue till the conclusion of the trial.3...
...found that status quo cannot be granted and injuncted the defendants from interfering in the peaceful possession and forcible dispossession. He further submits that the order of the trial court be..., and prima facie formed an opinion that the land in dispute had been mutated in the name of plaintiffs-respondents. Even khasra girdawaries are also in his favour, therefore the status quo order.... In view of the above, I do not find any illegality and perversity in the impugned order and the same cannot be said to have been passed without jurisdiction.7. The revision petition is devoid of merits. Accordingly ...
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...redevelopment before appropriate authority and at this stage of the suit an order of status-quo cannot be granted.3. The situation as on today is that the suit property is demolished and...injunction. By way of an interim relief, the Petitioners are seeking that the parties should maintain status-quo during the disposal of the suit. The learned Civil Judge rejected the application for...grant of status-quo holding that the Respondents have secured the necessary permission and they are carrying out the construction. Appeal was filed in the District Court by the Petitioner. The learned...
...is already demolished.14. In view thereof, the request made by the Appellant for extension of the interim order of status-quo cannot be granted.15. Civil....11. The Appeal, therefore, holds no merits and hence stands dismissed.12. At this stage, learned counsel for the Appellant seeks extension of the status-quo order...structure on the ground that the suit structure is illegal and unauthorized, is not correct and, therefore, the Trial Court should have granted the relief of interim injunction, restraining Respondent...
...Revision is filed.13. Counsel for the petitioners contended that in an application for interim injunction, order of status quo cannot be granted and having found that petitioners are in...held that there is a cloud on the title of the petitioners and so the order of injunction granted by the trial Court should be modified to an order of status quo till disposal of the suit. It also...whose possession is to be maintained. The Court cannot escape its duty by merely saying that status quo is to be maintained".19. The lower Appellate Court ought to have kept in mind this...
...not maintainable without prejudice to the aforesaid contention. Shri Thakker further submitted that the petitioners' only anxiety is with regard to the maintaining the status quo with regard to service condition but that ...26.11.2009 in Miscellaneous Civil Application No. 13077 of 2009 in Special Civil Application No. 12023 of 2009 wherein the Court had clearly observed that as the blanket order of status quo cannot be ...to the terms of reference, there was no whisper with regard to the contract being sham and bogus. Shri Thakker further submitted that having failed in their attempt to maintain status quo, the petitioner preferred one more petition ...
...terms of contract yet order of injunction or status quo cannot be granted by a Court if such breach of contract can be adequately compensated in terms of money. In the case of Bhanja Miner...determinable, cannot be specifically enforced and no injunction can be granted. The same position is reiterated in Section 41(e) of the Specific Relief Act, which provides...that injunction cannot be granted to prevent the breach of a contract, the performance of which would not be specifically enforced. In the cases of Percept D’ Mark (India) Pvt. Ltd. v. Jaheer...
...and Shri J.P Pandey, advocate challenging the appointment of the petitioner state that the stay order is impossible to implement.In view of above, the orders regarding status-quo cannot be ...stating that the petitioner had already been relieved prior to the passing of the stay order and in that case the position of status-quo ante cannot be restored unless there are specific directions from...are firm on their stand that the respondent/University was not in a position to implement the order of stay on the date on which it was passed and hence, status-quo ante cannot be restored to the...
...-exploited area. Unless this data is furnished, at this stage permission cannot be granted and the order of status quo cannot be modified. exploited area. Unless this data is furnished, a...modification of the interim order can be decided only on receipt of the said details.The Applicant has filed M.A No. 265/2013 contending that the order of status quo has been violated...no. 5 answering the questions indicated in the order. The Learned Counsel appearing for respondent no. 5 submitted that the general election is now over and therefore, permission be granted modifying...
..., even if it is found that one of the parties to the contract is guilty of violation of terms of contract yet order of injunction or status quo cannot be granted by a court if such breach of contract...of injunction by way of status quo could not have been granted.(ii) That, the mining lease being there in the name of appellant no. 1, it is liable for action for any kind of violation...provides that a contract, which is in its nature determinable, cannot be specifically enforced and no injunction can be granted. The same position is reiterated in Section 41(e) of the...
...appellant was a proper or necessary party then the appellant herein should have been impleaded in the proceedings. Mr. Chatterjee specifically urged before this Court that the order of status quo cannot be ...the appellant despite the pendency of the Title Suit No. 9 of 1994 and the appellant did not also disclose the order of status quo passed by this Hon'ble Court on February 9, 1999 in C.A.N 7011 of 1998...[L.D Meston School Society…Defendant v. Kashi Nath Misra…Plaintiff .]There cannot be any dispute with regard to the principles of law laid down in the...
...preferred a writ appeal No. 1270/2025 which was also dismissed vide order dated 28.04.2025 holding that status quo ante cannot be granted as the petitioner had already been removed from the post of...the Commissioner, Chambal Division whereby order of status-quo, which has been vacated, was sought and it was prayed that the said order of status-quo be read as an order of stay and she may be...Sarpanch, vacating the status quo order passed by the Commissioner, according to this Court will not have any effect and continuing the said order during pendency of the appeal would not be of any...
...trying to encroach
upon the land in question, therefore, parties be
directed to maintain status quo.
5. I am afraid that such relief cannot be
granted in a petition filed under Article...following relief:-
“A. Issue a writ, order or direction in the nature of Mandamus
commanding Respondents to maintain the status-quo on the
property till the pendency of temporary...which he also filed application seeking
temporary injunction.
3. Since no order could be passed on the
temporary injunction application, therefore,
petitioner has approached this Court seeking the...
...encroach
upon the land in question, therefore, parties be
directed to maintain status quo.
5. I am afraid that such relief cannot be
granted in a petition filed under Article 227 of
t...following relief:-
“A. Issue a writ, order or direction in the nature of Mandamus
commanding Respondents to maintain the status-quo on the
property till the pendency of temporary injunction...also filed application seeking
temporary injunction.
3. Since no order could be passed on the
temporary injunction application, therefore,
petitioner has approached this Court seeking the...