BAGMANE CONSTRUCTIONS PVT LTD Vs. D DIGAMBARNATH

JUDGEMENT

(1.) This appeal is by defendant No. 11 of O.S. No. 4743/2012 directed against the order of status-quo passed by trial Court on 21.10.2013. Though appeal is listed for orders by the consent of learned Advocates appearing for parties, it is taken up for final disposal.

(2.) Plaintiff filed a suit O.S. 4743/2012 for declaration of his title to the suit schedule property amongst other declarations sought for and for perpetual injunction. An application for grant of temporary injunction to restrain the defendants from alienating or encumbering the schedule property was also filed. Written statement and also objections to the application for temporary injunction came to be filed by the 11th defendant. An application under Order VII Rule 11(b) & (d) of CPC came to be filed by 11th defendant. Trial Court by order dated 21.10.2013 passed an order to the following effect:

(3.) Time and again this Court as well as Hon'ble Apex Court has held that when an order of status-quo is granted by a Court said order of status quo should be explained in unequivocal terms as to "what that status-quo would mean" as otherwise such orders when passed without any qualification or condition it would lead to ambiguity, erroneous interpretation by the parties to the lis and thereby resulting in multiplicity of proceedings.