PEDDI ASHOK KUMAR & ORS. versus PEDDI SUDARSHAN RAO

PEDDI ASHOK KUMAR & ORS. versus PEDDI SUDARSHAN RAO

Modification of interim order permitting construction of second floor was not justified, as there was no material showing plan, sanction, or structural safety; status quo should be maintained until High Court decides the matter.

Parties
Appellant: Peddi Ashok Kumar & Ors.; Respondent: Peddi Sudarshan Rao
Jurisdiction
India
Judgment Date
20 February 2009
Procedural Posture
Civil Appeal / Interim Order
Outcome
Appeal disposed of; order of High Court set aside.
Legal Topics
Partition Suit, Interim Order, Status Quo, Modification of Interim Orders
Civil Procedure Partition Suit Interim Order Status Quo Modification of Interim Orders

Case Brief

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Parties

Peddi Ashok Kumar & Ors.

Appellant

Peddi Sudarshan Rao

Respondent

Procedural Posture

Civil Appeal / Interim Order

Legal Issues

  1. 1 Whether the High Court was correct in modifying the interim order and permitting construction of the second floor during pendency of the partition suit

Ratio Decidendi

Modification of interim order permitting construction of second floor was not justified, as there was no material showing plan, sanction, or structural safety; status quo should be maintained until High Court decides the matter.

Court Disposition

Appeal disposed of; order of High Court set aside.

Orders

  • Order of High Court dated 20.10.2008 set aside.
  • Status quo as directed by order dated 3.11.2006 to continue till disposal of the matter by High Court.