2012 AIR CC 551 (J&K) ::AIR 2012 (NOC) (SUPP) 484 (J. & K.)

Jammu And Kashmir High Court

Hon'ble Judge(s): Muzaffar Hussain Attar , J

(A) J. & K. Civil P. C. (10 of 1977 Smvt.) O. 39 , R.1 — Suit for injunction by tenant — Order passed for maintaining status quo — Validity — Status quo directing landlord to restore possession of suit shop granted without affording opportunity to landlord and without finally deciding injunction application — Landlord prevented even to file objections — Essential requirements while granting status quo not considered — Order granting status quo not proper {" Courts have ample power to order for maintenance of status quo ante, but, before passing such order, party praying for issuance of such direction has to satisfy Court that he has extraordinary strong case in his favour. Court has to record finding that extraordinary case is made out for directing for maintenance of status quo ante. Court in some circumstances, may have to conduct enquiry also. Order for maintenance of status quo ante is normally issued by Court when it is shown that the Court order has been observed in breach and there is willful disobedience of said order. "}