Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 2923 of 2021 Petitioner :- Smt.Kavita Respondent :- District Judge, District Hapur And 2 Others Counsel for Petitioner :- Anshu Chaudhary
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner.
By means of this petition under Article 227 of the Constitution, the petitioner has challenged the order dated 15.02.2020 passed by the District Judge, Hapur directing the parties to maintain status quo in respect of the suit property while setting aside the order of temporary injunction passed by the trial court vide order dated 16.11.2019.
Learned counsel for the petitioner submits that the certain observations have come to be made in the order by the court below which may affect the merit of claim as the petitioner herself claimed in the plaint that settlement had reached amongst the parties in past.
In the considered opinion of the Court, any observation, if made for granting temporary injunction on a 6-C(2) application then that observation is only for the purposes of granting temporary injunction to balance equity between the parties. The observations made in the order does not affect the merit of the suit that is decided on the basis of the issues framed and the evidence led.
In view of the above, I do not find any good ground to interfere with the order of status quo but I clarify that the observations made in the order passed by the court below shall not affect the merit of the suit which shall be decided on the basis of issues to be framed by the trial court and evidence to be led by the parties.
With the aforesaid observations and directions, this petition is disposed of.
Order Date :- 12.8.2021 IrfanUddin