Supreme Court of India · 2004-10-15
MAHARWAL KHEWAJI TRUST vs BALDEV DASS
- Citation / case number
- SC 2004/15624
- Court
- Supreme Court of India
- Petitioner
- MAHARWAL KHEWAJI TRUST
- Respondent
- BALDEV DASS
- Author
- SANTOSH HEGDE
- 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 irreparable damage is demonstrated, as per 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 change the nature of the property without establishing a prima facie case of irreparable loss. Consequently, the Court reinstated the trial court's order for temporary injunction, preventing the respondent from alienating or altering the property until the suit is resolved.