SUPREME COURT OF INDIA

Before:- D.M. Dharmadhikari and B.N. Srikrishna, JJ.

Civil Appeal Nos. of 2005 (Arising out of SLP(C) No.20074-20075/2003). D/d. 8.4.2005.

With

Civil Appeal Nos. of 2005 (Arising out of SLP(C) No.20129-20130/2003).

With

Civil Appeal Nos. of 2005 (Arising out of SLP(C) No.20964-20965/2003)

Patnam Shakuntala & Anr. - Appellants

Versus

Giridhar Mulji Chavda (D) by Lrs. & Ors. - Respondents

Civil Procedure Code, 1908, Order 43 and 39, Rules 1 and 4 - Interim order - Order of injunction directing maintenance of status quo - High Court, in appeal, passed interim order vacating the order of injunction - Held, vacation of injunction by High Court erroneous as result thereof, the third party interest would be created and the litigation will prolong - Order of High Court set aside.

[Paras 3 and 4]

ORDER

D.M. Dharmadhikari, J. - Delay in filing the counter affidavit is condoned.

2. Leave granted. Heard learned counsel for the parties.

3. The appeals are filed against the interim order passed in appeal by the High Court vacating the earlier order of injunction granted directing maintenance of status quo. After hearing the learned counsel for the parties, in our opinion, the High Court erred in exercising the discretion in vacating the injunction already granted. The result would be that third party interest would be created and the litigation will prolong. Instead it could have been appropriate for the High Court to direct the parties to maintain status quo with regard to the property in question until decision of the appeals.

4. We dispose of these appeals by setting aside the impugned order of the High Court. The cases are sent back to the High Court to decide the appeals afresh in accordance with law.

5. We direct the parties to maintain status quo, i.e., not to alienate or create a third party interest in the property involved. On behalf of the sole respondent in SLP(C) No.20130/2003, the counsel appearing states that the matter has been settled inter se between the parties and no further directions are required.

6. The appeal accordingly stand disposed of.

.