NAWAL KISHORE KHOWALA Vs. KALYAN KUMAR KHOWALA

JUDGEMENT

(1.) The present miscellaneous appeal has been preferred under Order XLIII Rule 1(r) read with Sec. 104 of the Code of Civil Procedure, 1908 for setting aside the order dtd. 8/5/2023 passed by learned court of Civil Judge (Senior Division)-VII, Deoghar in Original Suit No. 03/2022, whereby and whereunder the court below has dismissed the petition filed by the appellants under Order XXXIX Rule 4 C.P.C. for quashing the order of status quo earlier passed in the above captioned suit on 18/7/2022.

(2.) The above original suit was instituted by the plaintiff / respondent seeking following reliefs:-

(3.) The plaintiff / respondent has filed an application under Order XXXIX Rule 1 & 2 read with Sec. 151 of C.P.C. before the learned trial court on 3/1/2022. The defendants / appellants also filed their respective reply and after hearing both the parties at length, the learned trial court vide order dtd. 18/7/2022 directed both the parties to maintain status quo in respect of suit property.