IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5716  OF 2008   [Arising out of SLP(C)No.2617  of 2007]

DHARAM SINGH                                   Petitioner(s)

                     VERSUS

SEWA SINGH & ORS.                             Respondent(s)

O R D E R   

Leave granted.

This appeal is directed against the order passed by the High Court of  

Punjab and Haryana in the Revisional Application filed by the respondent No.1  

herein praying for grant of police held to enforce an order of injunction, which had  

been passed in the suit filed by him in respect of the suit property.  In the said  

order of the High Court, mention has been made in respect of a suit in which an  

order of status quo had been passed.  Despite noticing the order of status quo  the  

High Court was of the view that it was   the  duty  of  the  court  to  enforce  the  

order of  

-2-

injunction which had been passed subsequently.

It may be mentioned that in the suit filed by the respondent no.1, in  

the application for temporary injunction or even at the time of hearing of the said  

application, the order of status quo, which had been passed in the appeal filed by  

the appellant herein was not mentioned or considered.  Inasmuch as, the order of  

status quo was already in place, there was no necessity of passing a specific order  

of injunction in the suit filed subsequently.  Once the order of status quo which was  

subsisting when the subsequent injunction order was passed, was brought to the  

notice of the High Court,  the same ought to have been given due regard while  

issuing the impugned order.  Since the respondent No.1 claims to be in possession  

of the suit property, the order of status quo passed in the earlier suit would cover  

him in the suit filed by him as well.  

Accordingly,  we modify the order of  injunction passed in the suit  

filed by respondent No.1, and direct the parties  to  maintain  status  quo  with  

regard   to   the

-3-

possession of the suit property until further orders that may be passed by the trial  

court.

The appeal is allowed to the aforesaid extent.   

   ....................J.     (ALTAMAS KABIR)

   ....................J.     (MARKANDEY KATJU)

NEW DELHI; September 15,   2008.