MANGAL SAHA Vs. SAMIR SAHA AND ORS.

JUDGEMENT

(1.) This is one of the apparent examples how the unscrupulous litigants misused and abused the order of status quo passed by the Trial Court without specifying who is in possession in respect of the suit premises.

(2.) The Supreme Court in case of Kishore Kumar Khaitan & Anr Vs- Praveen Kumar Singh, 2006 3 SCC 312 strongly deprecates the Court to pass an order of status quo when the possession is seriously disputed by the respective parties without categorical findings as possession of any of the parties in these words :

(3.) The plaintiff/opposite party filed a suit for declaration of his tenancy right in respect of the suit premises. In the said suit an application for temporary injunction was taken out and moved for passing the ad interim order of injunction on the ground of urgency.