STATE OF M P Vs. GOVIND GAUSHALA DATIA

JUDGEMENT

(1.) This writ petition has been filed under Article 227 of the Constitution of India against the final order dated 29.09.2011 passed in MCA No.02/2011 by the First Additional Judge to the Court of District Judge, Datia, whereby the first appellate Court has directed for maintenance of status quo in regard to the disputed land till the final disposal of the suit after disposing of the appeal filed by the plaintiff against the interlocutory order dated 25.02.2011 rejecting the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for temporary injunction filed by the plaintiff in Civil Suit No.2-A/2011.

(2.) The contention of the learned Additional Advocate General for the State is that despite finding the plaintiff not to be in possession and despite the plaintiff having failed to make out a prima-facie case, the first appellate Court has wrongly granted status quo, thereby prejudicing the case of the State, which was requiring the suit land for public purpose.

(3.) The trial Court while refusing temporary injunction to the plaintiff was of the view that since the land in question has already been transferred to the State and the plaintiff has failed to prima-facie prove his possession, the basic and foremost ingredient of prima-facie case has not been made out. It is further contended by the State that while testing the legality and validity of the order of the trial Court refusing temporary injunction, the first appellate Court by the impugned order was also of the view that the plaintiff prima-facie is not in possession, but concluded that irreparable loss will be occasioned to the plaintiff if status quo is not granted as the plaintiff still holds the right to revoke the gift deed after passage of the period of three years since the date of execution of the gift deed and the plaintiff may after expiry of the said period, choose to revoke the gift deed.