The petitioner had filed a suit for permanent injunction being Suit No. 130 of 2011. Along with the said suit the petitioner had also filed an application for interim injunction. On the said application the court below by order dated 10.7.2013 directed the parties to maintain status quo. Against the said order the petitioner preferred an appeal being Appeal No. 17 of 2013 under Order XLIII Rule 1 (r) CPC with the prayer that the defendants be restrained from interfering with the possession of the petitioner. The said appeal is said to have been allowed and the interim injunction granted by the court below had been rejected.
According to the learned counsel for the petitioner, the appellate court ought not to have rejected the interim injunction by the trial court as the same was not moved by the defendant but the petitioner himself.
The matter requires consideration.
Issue notice to the respondents returnable at an early date.
The respondents may file counter affidavit within three weeks.
Learned counsel for the petitioner will take steps for service of notice upon the respondents within a week.
List after service of notice.
Till the next date of listing, the parties are directed to maintain status quo with regard to the suit property. It is made clear that the proceedings of the suit has not been stayed and the same may go on in accordance with law.
Order Date :- 9.12.2014 SKM