Rajesh Bindal, J. - (1.) THE challenge in the present petition is to the order dated March 4, 2005 passed by the learned lower Appellate Court whereby in an application filed under Order 39 Rules 1 & 2 CPC, status quo regarding possession of the property had been ordered.
(2.) THE respondent, which is a School, filed a suit stating therein that they are in possession of the suit land. Though the learned trial Court had dismissed the prayer for interim relief, however, keeping in view the claims being made by both the parties regarding possession of the land in their respective rights, the learned lower Appellate Court directed the parties to maintain status quo with regard to possession of the property till the decision of the suit. The impugned order was passed on March 4, 2005. Once the parties have raised their respective claims to be in possession of the property in dispute, in my opinion no illegality has been committed by the learned lower Appellate Court in ordering status quo regarding possession of the property as at the stage of decision of the application for interim relief, it is not possible to opine on merits of the controversy without appreciating the documents being placed on record and the same having been proved in evidence.
(3.) ACCORDINGLY , I do not find any merit in the present petition and the same is dismissed.;