Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - So long as interim order of status quo remains in operation and is not specifically vacated or varied or modified, it is bounden duty of trial Court to ensure that its order is implemented in letter and spirit and if need be, police agency can be called upon to do so...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - Till Court takes a decision with regard to maintainability of suit or with regard to sustainability of order of status quo, parties shall abide by interim order of status quo and SHO shall ensure that none of the parties violates the order of status quo...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - While deciding such application, Court touching upon merits of suit - Trial Court exceeded its jurisdiction, rather exercised jurisdiction not vested in it by touching upon merits of suit while deciding application seeking implementation of its order - Impugned order set aside...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Vacation of - Partition suit - Plaintiffs have failed to prove prima facie case of jointness - Whereas, defendants have brought several documents which are indicative of partition between three brothers - There is nothing joint between plaintiff and defendants - Status quo order vacated...........
Constitution of India, 1950, Article 226 -- Judicial review - When such right is available to a citizen then High Court in exercise of judicial review had every jurisdiction to maintain status quo so that by lapse of time, petition may not be infructuous...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Decree to hand over vacant possession of premises - Defendant was directed to pay mesne profits of Rs.7000/- per month as use and occupation charges till delivery of possession - In an appeal order as to status quo as regards possession was passed - Defendants enjoying premises without paying a single penny to plaintiff..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11(2), 22 -- Eviction order - Implementation of order - Property of senior citizen - Order of maintenance Tribunal is implemented and possession of house was delivered to mother/senior citizen under a panchnama - Mother is in possession of subject house property - Though daughter-in-law is also living..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants for causing any hindrance to performance of puja and other celebrations on suit property - Entire scope of application of temporary injunction is referred to acts of celebrating kalipuja and performing sports activities, which were of transient nature on face of it and could..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have concurrently found plaintiffs..........
