Dinesh Kumar Gupta v. Vidya Devi

1. Before the learned counsel appearing for the appellants in these Letters Patent Appeals argues in detail, it is submitted by learned counsel for the respondents that these appeals have been preferred against the interim order dated 15th February, 2019 passed by the learned Single Judge wherein stay has not been granted by the learned Single Judge and only notice has been issued. It is also submitted by counsel for the respondents that vide interim order dated 15th March, 2019, passed in these appeals, status quo has been ordered to be maintained by both the parties. For ready reference, relevant extract of the said order is reproduced herein below: “LPA 175/2019 & C.M.No.12036/2019 (interim direction) LPA 180/2019 & C.M.No.l2279/2019 (interim LPA 181/2019 & C.M.No.12331/2019 (interim LPA 182/2019 & C.M.No.l2333/2019 (interim At the request of learned counsel for the respondents, list on 1st April, 2019. Till the next date of hearing status quo as on today with regard to the occupation and possession of the property in question shall be maintained. Order dasti under the signature of the Court Master.”

2. Learned counsel appearing for the respondents further submits that as the writ petitions are already fixed for hearing on 17th December, 2019 before the learned Single Judge, and hence the status quo granted by this Court in these appeals may be continued during the pendency and final disposal of writ petitions and the writ petitions may kindly be directed to be decided finally by the learned Single Judge at the earliest.

3. Learned counsel appearing for the appellants submits that he has no objection to the submissions made by the counsel for the respondents. otherwise he is ready to argue the appeals as there are half a dozen suits pending before the trial court for the very same properties in which applications under Order XXXIX Rule 1 & 2 of CPC have also been allowed, which are referred to in the writ petitions.

4. All these arguments are not required if the status quo order granted by this Court is to be continued till the final disposal of W.P.(C) 1495/2019 and other connected writ petitions.

5. In view of this limited submission, the interim protection granted by this Court vide order dated 15th March, 2019 as stated hereinabove shall continue to be operative during the pendency and final disposal of the writ petitions bearing W.P.(C) Nos. 1495/2019, 1496/2019, 1529/2019 and W.P.(C) 1531/2019. These writ petitions have already been fixed for final hearing on 17th December, 2019 before the learned Single Judge.

6. With these observations, these appeals are hereby disposed of. CM No.12036/2019 in LPA 175/2019 CM No. 12279/2019 in LPA 180/2019 CM No. 12331/2019 in LPA 181/2019 CM No. 12333/2019 in LPA 182/2019

7. In view of the disposal of the appeals, all these applications stand disposed of.

CHIEF JUSTICE NOVEMBER 14, 2019/kr C.HARI SHANKAR, J.