C.p.c o 39 r 2 a

Jolly James 9447287658 (Querist) 02 December 2012 This query is : Resolved
Suit dismissed with cost. Plaintiff filed a petition to maintain status quo in respect of a way. But defendant closed the way by fencing. Whether O 39 R 2 A is applicable to prosecute the defendants? Or what is the appropriate remedy? please help

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Devajyoti Barman (Expert) 02 December 2012
If the suit is dismiss then prefer appeal and in appeal pray for interim injunction.

Raj Kumar Makkad (Expert) 02 December 2012
Interim orders vest in final judgment. When final judgment has gone against the plaintiff, he cannot take any benefit of interim orders passed during the trial of the case. He shall have to file appeal and shall have to obtain immediately stay order.

ajay sethi (Expert) 02 December 2012
in your case suit has been dismissed . no order for maintenance of staus quo has been passed . after dismissal of suit if defendant has erected a fencing you ought to obtain orders from appellate court for setting aside trial court order and for removal of fencing done

R.K Nanda (Expert) 02 December 2012
agree with expert Barman.

Jolly James 9447287658 (Querist) 02 December 2012
Plaintiff filed a petition to maintain status quo in respect of a way and trial court allowed the petition stating that parties shall maintain status quo as prior to the decree stage.

Raj Kumar Makkad (Expert) 02 December 2012
* James! the suit finally dismissed during the trial of which the order for maintaining status quo had been passed. What is the value of that order now?