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of <h1>Supreme Court Upholds High Court Decision on Injunction Orders and Suit Disposal</h1> <h3>Col. Anil Kak (Retd.). Versus Municipal Corporation, Indore and Ors.</h3> The Supreme Court dismissed the special leave petition, upholding the High Court's decision to convert the revision petition under Article 227 of the ... - Issues:Interim injunction in a suit for permanent injunction, Conversion of revision petition under Article 227 of the Constitution of India, Modification of interim injunction orders, Stay of demolition, Maintenance of status quo, Restraining further construction, Payment of rent for leased premises, Timeframe for suit disposal, Liberty to move court for modification.Analysis:1. Interim Injunction and Conversion of Revision Petition: The petitioner sought an interim injunction in a suit for permanent injunction against the respondents to prevent interference with possession of the suit land and school buildings. The trial court initially granted an injunction for an area of 16,000 Sq. ft., which was later extended by the first appellate court to cover the entire property. The High Court converted the revision petition under Article 227 of the Constitution of India, leading to a special leave petition (SLP) challenging this decision. The Supreme Court dismissed the SLP, upholding the High Court's decision.2. Modification of Injunction Orders: The appellant, the plaintiff in the suit, challenged the High Court's decision to set aside the first appellate court's order and restore the limited interim injunction granted by the trial court. The trial court had restricted the injunction to 16,000 Sq. ft., while the appellate court extended it to the entire property. The High Court found no prima facie case for an injunction beyond 16,000 Sq. ft. and structures thereon, leading to the restoration of the trial court's order. The Supreme Court granted leave in this matter.3. Stay of Demolition and Maintenance of Status Quo: The Supreme Court stayed the High Court's order, preventing demolition until further notice. Considering the presence of an educational institution on the property and ongoing litigations, the Court maintained the status quo until suit disposal, directing the trial court to expedite proceedings within six months. The Court emphasized the need to preserve the existing structures due to the functioning educational institution.4. Restraining Further Construction and Rent Payment: The appellant was restrained from making any further construction or alterations until suit disposal. Respondent No.3 raised concerns about rent arrears, leading to a one-month deadline for the appellant to clear any outstanding rent payments.5. Timeframe for Suit Disposal and Liberty to Move Court: The Court set a timeframe for suit disposal and granted respondents the liberty to seek modifications if the plaintiff caused delays. The appeal was disposed of by maintaining the status quo, emphasizing the importance of the educational institution on the property.This detailed analysis covers the various legal issues addressed in the judgment, providing a comprehensive overview of the Supreme Court's decision in this case.
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