(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) By our order dated 3.4.2012, we have issued rule. By way of ad interim relief, all sides were directed to maintain the status-quo with respect to title and possession of the suit property bearing Revenue Survey No. 837, 863 and 897.
We have heard learned counsel appearing for the parties for confirmation of such ad interim relief. Learned Senior Counsel Shri S.I. Nanavati appearing for the original plaintiffs vehemently contended that such status quo be vacated. He submitted that the present applicants have already executed sale deed with respect to these lands in favour of original defendant No.3. Such defendant not having approached this Court, at the instance of these applicants, no interim protection can be granted.
We are, however, of the opinion that the large number of legal and factual issues arise. Vacating order of status quo as suggested by the opponents is likely to create further complications pending the appeal which we intend to avoid.
In the result, status quo granted earlier is confirmed and shall enure till the disposal of the appeal.
Civil Application is allowed and disposed of accordingly. Rule is made absolute.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top