Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5716 OF 2008
[Arising out of SLP(C)No.2617 of 2007]
DHARAM SINGH Petitioner(s)
VERSUS
SEWA SINGH & ORS. Respondent(s)
O R D E R
Leave granted.
This appeal is directed against the order passed by the High Court of
Punjab and Haryana in the Revisional Application filed by the respondent No.1
herein praying for grant of police held to enforce an order of injunction, which had
been passed in the suit filed by him in respect of the suit property. In the said
order of the High Court, mention has been made in respect of a suit in which an
order of status quo had been passed. Despite noticing the order of status quo the
High Court was of the view that it was the duty of the court to enforce the
order of
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injunction which had been passed subsequently.
It may be mentioned that in the suit filed by the respondent no.1, in
the application for temporary injunction or even at the time of hearing of the said
application, the order of status quo, which had been passed in the appeal filed by
the appellant herein was not mentioned or considered. Inasmuch as, the order of
status quo was already in place, there was no necessity of passing a specific order
of injunction in the suit filed subsequently. Once the order of status quo which was
subsisting when the subsequent injunction order was passed, was brought to the
notice of the High Court, the same ought to have been given due regard while
issuing the impugned order. Since the respondent No.1 claims to be in possession
of the suit property, the order of status quo passed in the earlier suit would cover
him in the suit filed by him as well.
Accordingly, we modify the order of injunction passed in the suit
filed by respondent No.1, and direct the parties to maintain status quo with
regard to the
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possession of the suit property until further orders that may be passed by the trial
court.
The appeal is allowed to the aforesaid extent.
....................J.
(ALTAMAS KABIR)
....................J.
(MARKANDEY KATJU)
NEW DELHI;
September 15, 2008.