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.