LAWS(BOM)-2009-7-16

KAILASH MAHADEO MHASKE Vs. VASANT CHANGDEO GAIKWAD

Decided On July 01, 2009
Kailash Mahadeo Mhaske Appellant
V/S
Vasant Changdeo Gaikwad Respondents

JUDGEMENT

(1.) These two Civil Applications filed by the defendants including original defendant No. 1 for clarification of an order dated 1st October, 2008, whereby, this Court has directed both the parties to maintain status quo.

(2.) The strong reliance is placed on Kishore Kumar Khaitan & anr. Vs. Praveen Kumar Singh, 2006 3 SCC 312 and thereby contended that an order directing the parties to maintain the status quo should be clear and it is necessary to indicate what the status quo is.

(3.) Admittedly, the trial Court has granted injunction in favour of the plaintiff, with regard to the property in question, against the defendants. The miscellaneous appeals were preferred. The Appellate Court, by an order dated 20/8/2008 reversed the order passed by the trial Court below Exhibit 5. However, by an order dated 26/8/2008, the Appellate Court itself had stayed the order dated 20/8/2008.