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M/s Akriti Land Con Pvt. Ltd. v. Krishna Bhargava & Ors. etc. etc.

Civil Appeal · Neutral citation not assigned (Civil Appeal arising out of SLP (Civil) Nos. 16610-11 of 2015)Decided 13 Apr 2017
Civil Appeal arising out of SLP (Civil) Nos. 16610-11 of 2015
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

This order does not decide the main case. In a property and partition dispute, the trial court rejected the plaintiff's applications for a temporary injunction. The High Court set that rejection aside and ordered status quo pending the suit. Akriti Land Con Pvt. Ltd. appealed against the High Court's order.

Decision Breakdown

This is not a final decision on the main case. The Court refrained from recording any categorical finding on the contentious issues, reasoning that any observation on the injunction question could prejudice the parties in the civil suit. It directed the trial court to expedite and finally decide the civil suits within one year. It kept in force until then its earlier interim stay order dated 08.06.2015, which was conditioned on the appellant not creating third-party rights over certain flats.

Lesson Learnt

There is no final ruling yet on whether the injunction and status quo order was correct. The Court may avoid ruling on an interim injunction and instead speed up the trial, so that the suit is not prejudiced.

Official source (sci.gov.in)View Judgment (PDF)

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