YESHODI CHANDRU NAIK Vs. GURUNATH RAGHUVIR SHETYE

JUDGEMENT

(1.) RULE made returnable forthwith. Heard by consent.

(2.) LEARNED counsel for the petitioners avers that there is a breach of the Order of status quo directed to be maintained by this Court on 11th September, 2003. According to the petitioners the breach is due to the fact that the respondents had piled hay onto the haystack on the suit property. However, admittedly, the haystack is not there today while the matter is being argued before this Court. The petitioners, therefore, pray for clarification to ensure that the respondents do not pile any hay on the suit property in future.

(3.) HAVING considered the matter, I am of the view that mere piling of the haystack which might be necessary for feeding cattle, would not construe a breach of the order of status quo granted by this Court dated 11th September, 2003, on principle of de minimis non curat lex. The respondents should however, ensure that they do not make a permanent or temporary structure on the suit property, or otherwise permanently alter the suit property. The respondents shall however, be allowed to protect the haystack by having a temporary bamboo fencing which shall be subject to the orders of the court.