Facts
Respondents 1 and 2 sued for declaration of ownership and succession, partition, and related relief concerning several properties, including land at Mouza Kanganhall.
Source reference: p. 1–3They also sought demolition of structures allegedly raised by the petitioner in breach of a status quo order.
Source reference: p. 1–3The petitioner maintained that the parties had privately partitioned the property and settled their disputes in January 2022, after which construction was undertaken by several parties.
Source reference: p. 1–3The trial court directed the parties to maintain status quo regarding the suit property; the appellate court dismissed the petitioner’s appeal.
Source reference: p. 1–3The petitioner challenged both orders under Article 227, arguing, among other things, that the settlement and subsequent construction altered the circumstances and that he should be permitted to complete the roof/slab.
Source reference: p. 6–10Issues
Whether the trial court’s status quo order, as upheld by the appellate court, disclosed a jurisdictional error or other ground warranting interference under Article 227.
Source reference: p. 3–6, 10–11Whether the petitioner should be permitted to complete the roof/slab, including on an undertaking to demolish the construction if unsuccessful in the suit.
Source reference: p. 11Law Applied
Article 227 confers supervisory, not appellate, jurisdiction: interference is limited to cases involving grave dereliction of duty, flagrant violation of fundamental principles of law or justice, or findings unsupported by evidence or so perverse that no reasonable court could reach them; it does not permit routine reappreciation of facts.
Source reference: p. 3–5An order granting or refusing temporary injunctive relief is discretionary and ordinarily should not be disturbed unless the discretion was exercised arbitrarily, capriciously, perversely, or in disregard of settled principles.
Source reference: p. 9Permission to construct during pending litigation, even subject to an undertaking to demolish, is not an absolute right and depends on the facts of the case.
Source reference: p. 11Reasoning
The courts below treated the alleged private partition, ownership, inheritance, and construction as disputed matters requiring determination at trial.
Source reference: p. 8–11The trial court also considered that the petitioner’s application seeking partition appeared inconsistent with his pleaded position that partition had already occurred, and that allegations of construction in breach of the status quo order had led to contempt proceedings.
Source reference: p. 8–11The High Court found no perversity or jurisdictional error in the courts’ exercise of discretion and declined, under Article 227, to reweigh the disputed facts.
Source reference: p. 8–11Given the alleged breach of the existing order, it also declined to permit further construction merely on the petitioner’s proposed undertaking.
Source reference: p. 8–11Holding
The High Court held that the petitioner had not established a basis for supervisory interference under Article 227.
It dismissed the petition, leaving in place the trial court’s status quo direction as upheld by the appellate court, and refused permission to complete the roof/slab.
Source reference: p. 11–12Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19081
Original Court PDF
ABDUL RAHMAN WAGAY GAWGOJREEvsNAZIR AHMAD WAGAY (GAWGOJREE) AND OTHERS
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