RAVI PRAKASH AGARWAL & ORS. versus RAJESH PRASAD AGARWAL & ORS.

RAVI PRAKASH AGARWAL & ORS. versus RAJESH PRASAD AGARWAL & ORS.

It is appropriate to direct maintenance of status quo as originally granted by the High Court given the considerable length of time this interim protection persisted; this does not express any opinion on merits and suit to be disposed by Trial Court at the earliest.

Parties
Appellant: Ravi Prakash Agarwal & Ors.; Respondent: Rajesh Prasad Agarwal & Ors.
Jurisdiction
India
Judgment Date
29 February 2008
Procedural Posture
Civil Appeal / Appeal Against Order of Division Bench of High Court
Outcome
appeal disposed of
Legal Topics
Injunction, Status Quo, Property Dispute
Civil Procedure Injunction Status Quo Property Dispute

Case Brief

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Parties

Ravi Prakash Agarwal & Ors.

Appellant

Rajesh Prasad Agarwal & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of Division Bench of High Court

Legal Issues

  1. 1 Whether status quo order regarding disputed property should be maintained.
  2. 2 Whether order recalling interim injunction by High Court is justified.

Ratio Decidendi

It is appropriate to direct maintenance of status quo as originally granted by the High Court given the considerable length of time this interim protection persisted; this does not express any opinion on merits and suit to be disposed by Trial Court at the earliest.

Court Disposition

appeal disposed of

Orders

  • Order of status quo as granted by High Court vide order dated 24.11.2001 to be maintained.
  • Trial Court requested to dispose of the suit at the earliest, preferably by end of 2008.