Interim status quo granted to prevent demolition pending adjudication of Order XXXIX Rules 1 and 2 application.

The petitioner was allotted a residential plot (30x30 ft) in 1996-97 under the Gramin Awas Yojana (Rural Housing Scheme).

He constructed a permanent R.C.C. house with permissions from the Gram Panchayat and has resided there for 24 years, possessing formal certificates and tax receipts.

The petitioner initiated a civil suit (RCS-A No. 101/2026) seeking a temporary injunction under Order 39, Rules 1 & 2 of the CPC to prevent demolition.

While this application was pending, the Trial Court (IIIrd Civil Judge, Junior Division, Shajapur) rejected his Section 151 CPC application to maintain the status quo via an order dated 06.07.2026.

The petitioner subsequently filed this petition under Article 227 of the Constitution of India.

Whether the Court should exercise its supervisory jurisdiction under Article 227 to grant interim protection while a temporary injunction application is pending disposal before the Trial Court.

Whether the threat of demolition of a long-standing residential structure warrants the invocation of inherent powers under Section 151 of the CPC to prevent irreparable loss.

Section 151 of the Code of Civil Procedure (CPC), which recognizes the inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.

Article 227 of the Constitution of India, which grants High Courts supervisory jurisdiction over all subordinate courts.

Procedural framework of Order 39, Rules 1 and 2 of the CPC regarding the grant of temporary injunctions to preserve the subject matter of the suit.

The court observed that the petitioner has been in occupation for over two decades and has invested significantly in the property based on a government-sanctioned allotment.

The Court reasoned that if the respondent authorities were to demolish the premises before the Trial Court could adjudicate the pending Order 39 application, it would cause "irreparable loss, injury, and prejudice," effectively rendering the underlying civil suit infructuous.

While the court avoided ruling on the final merits of the petitioner's title, it determined that "substantial justice" required temporary protection to "avert the threat of demolition".

The Court invoked Section 151 CPC to bridge the gap until the Trial Court could formally hear the parties on the injunction application.

The Court directed the parties to maintain the status quo for a period of two weeks or until the Trial Court decides the application under Order 39, Rules 1 and 2, whichever is earlier.

The Trial Court was further directed to decide the pending application expeditiously on its own merits, uninfluenced by the High Court's observations, which were granted purely on "sympathetic considerations".