Shri Shyam Goswami vs Shri Kundan Lal & Others
2001 Latest Caselaw 621 Del

ORDER

Khan, (J)

1. Appellant's application (CM 1450/94) asking for maintenance of status quo in respect of disputed property was dismissed by order dated 27.9.94. Hence this Appeal.

2. Appellant claims he was inducted tenant in the suit shop by respondent no.2. He filed injunction Suit No. 701/1986) against this respondent and obtained an ex parte injunction decree dated 28.9.1987. Respondent-2 sought its setting aside but admitted his possession. He, thereafter filed a second suit (554/1993) against this respondent which was however compromised. But meanwhile respondent no.1 appears to have filed suit no. 671/1992 against respondent no.2 for recovery of possession of this premises which was decreed on 29.10.1993. He took execution (Ex.121/1993) wherein appellant filed an application under Order 21 Rules 97 and 101 praying for setting aside the decree which was allowed by the Executing Court vide order dated 26.7.1994. Respondent no.1 took appeal against this order and FAC by order dated 26.8.1994 stayed its operation.

3. Appellants grievance is that he had filed application (C.M.1450/1994) in this Appeal asking for status quo to be maintained in respect of suit property as Respondents were changing its nature and trying to alienate it. But FAC dismissed this without any justification and reason.

4. We have examined the impugned order dismissing Appellant's application summarily. The order would not sustain to that extent but Appellant was also not entitled to grant of interim relief as a matter of right. This Appeal is accordingly disposed of leaving Appellant free to approach the court again for appropriate relief, if so advised.