When interim relief is granted till next date,it does not remain in force after next date if is not extended
After 11th October, 2000 there was no injunction order. The plaintiff
was represented there by the advocate but at no point of time she
requested for extension of the adinterim order till next date or till
further orders. The Roznama does not indicate that such request was
made and the adinterim order was extended beyond October, 2000. In
fact, the record shows on 26th September, 2000 the very appellant
before me tendered a draft Notice of Motion alleging breach of the
injunction order and the Court was pleased to appoint Court
Commissioner to visit the suit building and to record whether any
additions, alterations have been carried out. The Commissioner visited
the building and submitted his report on 10 th October, 2000. The
matter was shown on board on 11th October, 2000 but it was simply
adjourned to 7th December, 2000. The matter has been repeatedly taken
thereafter but the Roznama does not indicate that the injunction order
remained in force or was extended from time to time. In these
circumstances, whether any additions or alterations have been carried
out between 18th September, 2000 and 11th October, 2000 has not been
established and the findings of the learned trial Judge in this behalf are
consistent with the contents of the Commissioner's Report.
Mrs. Subhashini Kar nee Panda
Vs.
APPEAL FROM ORDER NO.284 OF 2004
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Mr. Samim Qureshi
CORAM : S.C. DHARMADHIKARI, J.
DATED : 11th January, 2013
Citation;2013(2)ALL M R 776
