RAJENDRASINGH Vs. NANDRAM

JUDGEMENT

(1.) THE District Judge, Dhar by the order dated 7-2-2000 admitted the civil appeal filed by the petitioners for final hearing, however, turned down the prayer for giving a direction to the parties to maintain the status quo. And that order is being assailed by this petition.

(2.) SHRI Kutumble, submitted that when the appeal was admitted for final hearing it indirectly indicated that the District Judge, Dhar formed the opinion that the case of the petitioners was arguable and deserving to be finally decided though it was revolving around the order of temporary injunction which was being assailed by that appeal. Shri Kutumble submitted that when that was so, it was totally illegal for the learned Judge to refuse the prayer for status quo by pointing out the only reason that provisions of Order 41 Rule 5, CPC were not applicable.

(3.) COUNTERING to that, Shri M. L. Agrawal, placed reliance on the judgment of this Court, a Single Bench judgment in the matter of Vasant Diwakar Patrikar and Ors. v. Union of India and Ors. , reported in AIR 1983 MP 129, wherein learned Single Bench of this Court held that-" the stay order passed by the appellate Court which amounted to the vacation of the order of temporary injunction, was illegal and without jurisdiction in view of Order 41 Rule 5 (1) as there were no proceedings under the order of temporary injunction which could be stayed, nor was there any question of execution which could be stayed. " In Para 17 of said judgment learned Single Bench of this Court has taken a note of the inherent powers of Civil Court in view of provisions of Section 151 of CPC.