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october 2004

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.

MAHARWAL KHEWAJI TRUST vs BALDEV DASS · Niyam