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Bombay High Court

SOU. ALKA NETAJI WAGHversus1. SOU. MINA BHAGAJI AWATE AND OTHERS

Decided
Disposal
Allowed

Holding

The court upheld the existing status‑quo order and declined to modify it, directing that it continue during the pendency of the second appeal.

Summary

The applicant, Alka Netaji Wagh, filed a civil application seeking a temporary injunction to restrain Respondent No.1 from interfering with her possession of the suit land. The underlying suit for specific performance was initially decreed in her favour by the trial court, but the defendant appealed, resulting in the reversal of the decree and dismissal of the suit. The applicant contended that she remained in possession and that the respondent's actions amounted to contempt of the status‑quo order. The court noted that the first appellate court had expressed doubts about the applicant's possession and that the status‑quo order dated 2 September 2004 remained operative. At the prima facie stage, the court found no basis to alter the existing order and therefore upheld the status‑quo injunction for the duration of the second appeal. The civil application was consequently disposed, with the status‑quo order continuing.

Issues considered

  • Whether the status‑quo injunction restraining the respondent from interfering with the applicant's possession should be modified or continued.
  • Whether the applicant can be deemed to be in possession of the suit land for purposes of granting a temporary injunction.

Subjects

  • temporary injunction
  • status quo
  • specific performance
  • possession
  • appeal
  • contempt
  • civil procedure

Judgment

                                                                                11-cas-1127-2004.docx



             rrpillai
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                           CIVIL APPLICATION NO. 1127 OF 2004
                                                              IN
                                             SECOND APPEAL NO. 964 OF 2004


                                Sou. Alka Netaji Wagh               …    Applicant
                                     Vs.
                                1. Sou Mina Bhagaji Awate           …    Respondents
                                and Others


                                Ms. Gauri Jadhav for the Applicant/Appellant
                                Mr. K. K. Malpathak for the Respondent No. 1.

                                                        CORAM : GAURI GODSE, J.

                                                        DATE :      8th APRIL 2026

                                ORDER :


                                1.    This application is for seeking an order of temporary

                                injunction restraining respondent no. 1 i.e. original defendant

                                no. 5 from interfering with the applicant’s possession over the

                                suit land. The second appeal is admitted. In the civil

                                application notice was issued and ad-interim relief was

                                granted in terms of prayer for temporary injunction. However,

                                subsequently the injunction order is recalled and the parties

RAJESHWARI
             Digitally signed
             by RAJESHWARI
                                are directed to maintain status quo.
             RAMESH PILLAI
RAMESH       Date:
PILLAI       2026.04.15
             10:47:05 +0530




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2.   The appellant is the original plaintiff whose suit for

specific performance was decreed by the trial court. The

appeal preferred by the defendant is allowed and the trial

court’s decree is reversed and the suit is dismissed.


3.   Learned counsel for the applicant submits that the trial

courts findings accepting the plaintiffs possession over the

suit property is not disturbed by the first appellate court.

Hence, the first appellate court’s judgment also supports the

appellant’s contention that she is in possession of the suit

property. She submits that since respondent no. 1 is

disturbing the appellant’s possession and dispossessed the

appellant, contempt petition is filed alleging breach of the

order of status quo.


4.   I have perused the papers of the second appeal and

the civil application. The first appellate court has framed a

point for consideration on possession and in paragraph 15

has recorded reasons for disbelieving the appellants

contention of being in possession.


5.   Thus, at the prima facie stage it is difficult to ascertain

the correctness of the plaintiff’s contention of being in


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possession. The order directing the parties to maintain status

quo has remained operative since 2004.


6.   Hence, at this stage in view of the findings recorded by

the first appellate court in paragraph 14 of the judgment I see

no reason to modify the order passed by this court directing

the parties to maintain status quo. Hence, the order dated 2 nd

September 2004 directing the parties to maintain status quo

shall continue to operate during the pendency of the second

appeal.


7.   The civil application is disposed of in the aforesaid

terms.



                                          [GAURI GODSE, J.]




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