...(2011) 2 SCC 782 this Court has held that DRT can not only set aside the action of the secured creditor but even restore the status quo ante. Therefore, an alternative remedy was...the instant appeal has been pending consideration before this Court from the year 2016, we propose to examine the case on merits without directing the appellant to avail the alternative remedy...

...did not exist. This provision, as already noted, was inserted in 1976. The effect of the deletion of this provision in 2002 is merely to restore status quo ante, that is to say, the position which existed prior to the insertion of Rule 17-A in 1976. The remedy, if...

...it might be difficult to restore the status quo ante or grant adequate compensation. The idea is to provide an internal remedy in such cases without compelling the parties to go all the way to the...

...been made wrongly, the status quo-ante shall be restored leaving the parties to work out their remedy before the Civil Court. 6.Needless to state, before passing such...

...material a character that the restoration to status quo ante is the only suitable remedy, or, that the defendant has been guilty of sharp practices or unfair conduct, the Court will issue the injunction...instance of the others, and this is so, even in those cases, where the portion of the common property in his exclusive occupation exceeds his share to which he would be entitled on partition. The remedy...other words, the arrangement once arrived at, continues until it is abandoned with the consent of all, or, a co-sharer seeks remedy provided by suit for partition. It is always open to the co-owners to...

...was delivered by M. Sathyanarayanan, J.:— The mater in issue pertains to cancellation of patta and maintenance of the status-quo ante with a further direction to approach the competent civil Court to workout the remedy. The....” 5. The petitioner is having an effective alternative remedy against the impugned order passed by the second respondent, which is the subject matter of challenge, in the form of revision...

...restoring the status quo ante. It is for him to work out his remedy in the said proceedings. In fact, even during the pendency of the said proceedings, the petitioner has come forward with a writ...default. He also moved for stay of operation of the said order and for a direction to maintain status quo ante. Those matters are pending before the said court. Instead of prosecuting those applications, the petitioner has chosen the wrong remedy and...minors. The remedy of the petitioner is only to challenge the said order. Even according to the petitioner, he has filed a petition to set aside the ex parte order and also moved for interim orders for...

...pathway. The petitioner seeks restoration of status-quo ante. 3. If the encroachment is on a private property, writ cannot be issued; the petitioner has a remedy before the...

...to remedy the effect of disobedience and restore status quo ante. In the present case it will mean demolition of the construction made by defendant Nos. 2 and 3 after the.... 2.5. He states that on 03.08.2023, the Petitioner herein in addition made an oral prayer before the Trial Court for restoring the status quo ante qua the shop as the necessary...oral prayer for status quo ante has been rejected by the Trial Court holding that it does not have the requisite jurisdiction to grant such an order under Order XXXIX Rule 2A of CPC...

...status quo ante, that is to say, the position which existed prior to the insertion of Rule 17-A in 1976. The remedy, if any, that was available to a litigant with regard to adducing additional...

...of the fourth respondent but is merely seeking restoration of status quo ante, the remedy under Section 15 of the Act of 1958 is not available to the petitioner. The only remedy available is by way of...interim order passed therein. He submitted that on dismissal of the writ petition and vacating the interim order passed earlier, the status quo ante ought to be restored. There was hardly any justification...status quo ante in these facts would thus not amount to calling the election of the fourth respondent in question for attracting the bar prescribed by Article 243-O(b) of the Constitution of India. For, if...

...perverse and they also cause serious prejudice to the parties in such a manner that it might be difficult to restore the status quo ante or to grant adequate compensation. That the idea is to provide an internal remedy in...manner that it might be difficult to restore the status quo ante or grant adequate compensation. The idea is to provide an internal remedy in such cases without compelling the parties to go all the way...

...impugned order has been implemented, the applicant ought to have prayed for status quo ante as on 4 April 2008. The applicant has not done this. Apart from that the interim relief was confirmed on 7 August 2008 by the learned Single Judge.9. Even at that stage, it was not brought to the notice of the Court. The appropriate remedy at...an order of status quo ante as on 4 April 2008. In fact the learned Judge in the order dated 16 may 2008, while allowing the aforesaid Civil Application has pointed out that the City Survey...Judge for granting status quo ante. Though the alleged contempt is committed on 8 April 2008, the applicant has not made any attempt to bring the same to the notice of this Court on 7 August 2008 when the...

...restore the status quo ante which existed before the dispossession of the plaintiff. though in law possession of each co-sharer of a joint property or joint family property amounts to possession of all...aforesaid provision in Section 6 of the Act provides a summary, useful and handy remedy to a person dispossessed of immovable property otherwise then in due course of law on the basis of his prior...pursue the remedy available Under Section 6 of the Act. This question has been a matter of controversy in various decisions of this country. The Calcutta High Court in AIR 1914 Cal. 496...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...-2010 requesting the Court to direct the defendants to 4 restore status quo ante as on the date of filing of the application. The application was opposed by the defendants contending that the tender of one Shri Yogesh Gokhe has been accepted and the work order has also been issued on 30-3-2010. It is contended that the remedy seeking...for observance of status quo ante is not available to the plaintiff and such a direction cannot be issued in the facts and circumstances of the case...restore status quo in respect of the tender work anterior to the date of the presentation of the suit till the decision of the application Exhibit 5. Surprisingly, the Misc. Civil Appeal is kept pending...

...impugned orders are without jurisdiction, contrary to law, or are perverse and they also cause serious prejudice to the parties in such a manner that it might be difficult to restore the status quo ante or grant compensation. The idea is to provide an internal remedy in...

...the status quo ante or grant adequate compensation. The idea is to provide an internal remedy in such cases without compelling the parties to go all the way to the Supreme Court under Art. 136 of the...impugned orders are without jurisdiction, contrary to law, or perverse, and they also cause serious prejudice to the parties in such a manner that it might be difficult to restore the status quo ante or...

...set aside the action of the secured creditor but even restore the status quo ante. Therefore, an alternative remedy was available to the appellant to challenge the impugned...this Court from the year 2016, we propose to examine the case on merits without directing the appellant to avail the alternative remedy. 11.In Harshad Govardhan Sondagar...

...Court has held that DRT can not only set aside the action of the secured creditor but even restore the status quo ante. Therefore, an alternative remedy was available to the appellant to challenge...year 2016, we propose to examine the case on merits without directing the appellant to avail the alternative remedy. 11. In Harshad Govardhan Sondagar (supra...