Balwant Ram and Another vs Gendi Devi and Others

Alok Singh, J.—Learned Counsel for the petitioners states that while remanding the suit to the Trial Court by this Court vide order dated

16.03.2010, parties were directed to maintain status quo qua possession of the suit property till the disposal of the suit. Learned Counsel further

states that after remand suit is decreed by the learned Trial Court vide judgment and decree dated 09.06.2010. He further states that against the

judgment and decree dated 09.06.2010 passed by the Trial Court, appeal is preferred before the Appellate Court along with an application of ad-

interim injunction during the pendency of the appeal. Learned Appellate Court/ Additional District Judge, Yamuna Nagar at Jagadhri, vide

impugned order dated 14.07.2010 refused to grant ad interim injunction. Learned Counsel for the petitioners further states that while admitting the

first appeal, status quo order was just and proper in view of the status quo order during the pendency of the suit by this Court while remanding the

trial to the Trial Court vide order dated 16.03.2010.

In the opinion of this Court, present petition can be disposed of without notice to the respondents. In the further opinion of this Court, notice to

the respondents shall unnecessary cause delay in the disposal of the appeal, hence, this Court proposes to decide this petition without notice to the

respondents.

In the peculiar facts and circumstances of the case, I direct that parties shall maintain status quo till the disposal of the appeal and the Appellate

Court shall decide the appeal itself at its own merit in accordance with law within 90 days from the date of certified copy of this order is placed

before the First Appellate Court.

Present petition is disposed of accordingly.