Injunction Order Can Be Stayed Only In Rare Cases Where Restoration Of Status Quo Ante At Interlocutory Stage Is Imperative For Justice

Case: Mohd Shakeel & Ors. V. Mohd Islam

Coram: Justice C Hari Shankar

Case No.: CM(M) 944/2022

Court Observation: “Per sequitur, the present petition is also equally misconceived, consequently, is the present petition. Stay of a judgment or decree is a concept unknown to the law. What can be stayed is the operation or execution of a judgment or decree,”

“There cannot be a stay of a direction not to dispossess. Had the order been a positive order directing placement of anyone in possession, such an order could have been stayed as it would be an order directing a positive act to be performed. An order which restraint dispossession cannot, ordinarily, be stayed at an interlocutory stage in appeal.”

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Keywords

Injunction Order,