SYED ABDUL RAHIM Vs. QUMAR BEGUM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner/Plaintiff instituted RCS No. 22 of 2021, in the Court of Civil Judge, Junior Division, Parali, District Beed on 27.01.2021, seeking a declaratory relief and preventive injunction against the defendants. The defendant No. 1, mother; whereas, Nos. 2 and 3 are the brother-in-laws of the petitioner/plaintiff. It is the petitioner's case that the suit properties were owned by his father, who in his lifetime transferred the suit properties in the name of the defendant No. 1 (mother of plaintiff). Upon presenting the suit, plaintiff was apprehending that mother would frustrate the suit by alienating suit properties. He therefore, moved an application and requested the trial Court that the parties to the suit be directed to maintain a status-quo, in respect of the suit properties. The trial Court declined the request vide order dated 16th March, 2021. This order is challenged in the instant petition.

(3.) In my view, application moved by the plaintiff/petitioner, seeking the order, 'to maintain status-quo', qua suit properties, was an application under Order XXXIX Rule 1 or 2 of the Code of Civil Procedure ('the C.P.C.' for short), and therefore order passed therein was appealable under order XLI Rule 1(r) of the C.P.C. In the case of Rajendraprasad R. Singh V. Municipal Corpn. Of Gr. Bombay, 2003 AIR(Bom) 392, this Court has held that;