Anguri vs. Khazani(Since Deceased) Represented By Her Legal Heirs

Court:Supreme Court of India
Judge:Hon'ble Aniruddha Bose
Case Status:Pending
Order Date:19 May 2023
CNR:SCIN010089792023

AI Summary

In a long-standing land dispute, the Supreme Court has issued notice and ordered a status quo, ensuring no changes to the nature or possession of the disputed land until further directions. This interim relief halts any immediate action, preserving the current state of affairs while the Special Leave Petition is considered by the apex court.

Ratio Decidendi:
In a Special Leave Petition challenging a High Court judgment in a land dispute, the Supreme Court may issue notice and grant an interim order to maintain status quo regarding the nature and possession of the disputed land, pending further orders, considering the facts and circumstances of the case.

Case Identifiers

Primary Case No:6125/2023
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Land Dispute
Secondary Case Numbers:8979/2023, SCIN010089792023
Order Date:2023-05-19
Filing Year:2023
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Krishna Murari, Hon'ble Sanjay Kumar

Petitioner's Counsel

Ranbir Singh Yadav
Advocate - Appeared
Prateek Yadav
Advocate - Appeared
Pratima Yadav
Advocate - Appeared
Puran Mal Saini
Advocate - Appeared
Anzu K. Varkey
Advocate - Appeared
Yogesh Yadav
Advocate - Appeared
Niharika Dedeja
Advocate - Appeared

Advocates on Record

Ranbir Singh Yadav

eCourtsIndia AITM

Brief Facts Summary

The petitioner, Anguri, filed a Special Leave Petition (Civil) in the Supreme Court, challenging a final judgment and order dated December 20, 2022, passed by the High Court of Punjab & Haryana at Chandigarh in RSA No. 168/1993. Upon hearing the counsel, the Supreme Court issued notice, returnable within six weeks, and directed both parties to maintain status quo in respect of the nature and possession over the land in dispute until further orders of the Court.

Timeline of Events

1993

RSA No. 168/1993 filed in the High Court of Punjab & Haryana at Chandigarh.

2022-12-20

Impugned final judgment and order passed by the High Court of Punjab & Haryana at Chandigarh in RSA No. 168/1993.

2023-02-28

Special Leave Petition (C) No. 6125/2023 filed in the Supreme Court of India.

2023-05-19

Supreme Court hears the petition, issues notice, and orders status quo regarding the land in dispute.

Key Factual Findings

There is a 'land in dispute' whose nature and possession exist 'today'.

Source: Current Court Finding

Primary Legal Issues

1.Challenge to a High Court final judgment in a civil appeal (RSA).
2.Consideration and grant of interim relief (status quo) in a Special Leave Petition.

Secondary Legal Issues

1.Land dispute concerning nature and possession.

Court's Reasoning

The Supreme Court, "Considering the facts and circumstances," decided to issue notice to the respondents and grant an interim order for maintaining status quo regarding the nature and possession of the land in dispute, effective until further orders.

Judicial Philosophy Indicators:
  • Emphasis on preserving the subject matter of the dispute during pendency of appeal.
Order Nature:Interim
Disposition Status:Pending

Impugned Orders

High Court Of Punjab & Haryana At Chandigarh
Case: RSA No. 168/1993
Date: 2022-12-20

Specific Directions

  1. 1.Issue notice returnable within six weeks.
  2. 2.Until further orders of this Court, status quo in respect of the nature and possession over the land in dispute as it exists today shall be maintained by both the parties.

Precedential Assessment

Non-Binding (Procedural)

This is an interim order issuing notice and directing maintenance of status quo; it does not decide the merits of the case and therefore holds no binding precedential value on substantive legal issues.

Tips for Legal Practice

1.Highlights the Court's inclination to grant interim protection (status quo) in SLPs challenging High Court judgments in property matters, especially those of long standing.
2.Emphasizes the critical need for parties to strictly adhere to status quo orders to avoid contempt of court.
3.Illustrates the procedural stage of SLP admission, where notice is issued before a full hearing on merits.

Legal Tags

Supreme Court Interim Relief OrderStatus Quo Directive Property LitigationSpecial Leave Petition Admission ProcessChallenge High Court Land Dispute RulingProcedural Orders Civil Appeals India

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

Mention Memo

Before:

Hon'ble Krishna Murari, Hon'ble Sanjay Kumar

Stage:

FRESHLY / ADJOURNED MATTERS

Remarks:

Stay/Status quo, Notice Returnable [D:0,W:6,M:0]

Listed On:

19 May 2023

In:

Judge

Category:

UNKNOWN

Original Order Copy

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Order Text

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 6125/2023

(Arising out of impugned final judgment and order dated 20-12-2022 in RSA No. 168/1993 passed by the High Court Of Punjab & Haryana At Chandigarh)

ANGURI Petitioner(s)

VERSUS

KHAZANI(SINCE DECEASED) REPRESENTED BY HER LEGAL HEIRS & ANR. Respondent(s) Date : 19-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Ranbir Singh Yadav, AOR Mr. Prateek Yadav, Adv. Ms. Pratima Yadav, Adv. Mr. Puran Mal Saini, Adv.

Ms. Anzu K. Varkey, Adv.

Mr. Yogesh Yadav, Adv.

Ms. Niharika Dedeja, Adv.

For Respondent(s)

UPON hearing the counsel the court made the following O R D E R

Issue notice returnable within six weeks.

Considering the facts and circumstances, until further orders of this Court, status quo in respect of the nature and possession over the land in dispute as it exists today shall be maintained by

(Geeta Ahuja) (Beena Jolly) Assistant Registrar-cum-PS Court Master

both the parties.