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october 2004

Supreme Court of India · 2004-10-15

Maharwal Khewaji Trust (Regd.), ... vs Baldev Dass

Citation / case number
AIR 2005 SUPREME COURT 104
Court
Supreme Court of India
Petitioner
Maharwal Khewaji Trust (Regd.), ...
Respondent
Baldev Dass
Bench
N Santosh Hegde, S.B. Sinha

Judgment text excerpt

The Supreme Court held that during the pendency of litigation, the status quo must be maintained unless a party demonstrates a case of irreparable loss or damage, as per the principles governing injunctions under Order 39 Rules 1 and 2 CPC. The Court found that the lower appellate court and the High Court erred in allowing the respondent to alter the property without establishing a prima facie case of irreparable harm. Consequently, the Court reinstated the trial court's order for temporary injunction, preventing the respondent from alienating or constructing on the property until the suit's resolution.

Maharwal Khewaji Trust (Regd.), ... vs Baldev Dass · Niyam