Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

Preservation of Status Quo Paramount in Property Disputes: Delhi High Court in Gali Ownership Battle

07 May 2024 8:19 AM

By: Admin


 

In a significant ruling, the High Court of Delhi, presided by Justice Shalinder Kaur, overturned the decision of the Trial Court that allowed the installation of an iron gate in a disputed common gali (lane), emphasizing the importance of maintaining the status quo in property disputes.

The legal crux of this judgment revolves around the petition under Article 227 for setting aside the Trial Court's order that permitted Nalanda Modern Public School to install a gate on the disputed gali, thus engaging issues of ownership and the preservation of status quo under Section 151 of the Code of Civil Procedure, 1908.

The petitioners, heirs of one of the original shareowners of the disputed property, challenged the respondents' (school authorities) claim over the gali. The respondents argued the need for the gate for security purposes in the school premises. The pivotal issue was whether the respondents' actions of constructing a gate complied with the status quo order and respected the mutual rights over the common passage.

Justice Kaur meticulously analyzed the case's history and the orders passed. She observed, “The admitted position is that the status quo order is still continuing...” and noted that the security concerns raised by the school were not substantiated adequately as the issue was never raised prior to 2021.

The Court found that the Trial Court's order permitting the gate installation was contradictory to the existing status quo order. It was emphasized that any modification to the property should not disturb the delicate balance of rights maintained until the dispute's resolution.

 

The High Court set aside the Trial Court’s order allowing the installation of the iron gate, citing lack of substantial reasoning related to the safety concerns and the violation of the status quo order. However, the court did not interfere with the decision to level the gali, noting the petitioners' no objection to this aspect.

Date of Decision : March 27, 2024.

Sh. Sat Narain & Anr vs. Nalanda Modern Public School & Ors

Latest Legal News