Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1 & 2(3), O.XLIII, R.1, Ss.104, 115 & 151---Injunctive order, violation of---Restoration of possession---Appeal---Competency---Suo motu revisional jurisdiction of High Court---Scope---Trial Court issued notice and meanwhile granted status quo---Defendant had taken possession of the property in question---Plaintiff moved application for restoration of possession which was accepted by the Trial Court and possession was restored but Appellate Court set aside the said order of Trial Court---Validity---Court granting injunctive relief had the jurisdiction to restore the possession of property in case the same was taken away in violation of the injunctive order---No appeal would lie against the order for restoration of possession---Trial Court had ordered for restoration of possession on the assumption that possession was taken over by the defendant on the date of passing of impugned order---Court could order status quo ante under its inherent jurisdiction under S.151, C.P.C., however said provision of law was not appealable---Appeal was a substantive right and could only be exercised if available---Non-availability of such right or invocation of the same when it was not available could not be regarded as a mere technicality---Appeal filed by the defendant was not maintainable---Injunctive order passed by the Court was not operative unless other side against whom the order had been passed was served with the same---Trial Court had deferred the adjudication of issue whether defendant had knowledge of the interim order but proceeded to restore possession---Trial Court had only the jurisdiction to restore the possession if injunctive order had been violated and violation could only be attributed to the other side if it was aware of the same---Grant of restoration of possession could not have been made unless it was first adjudicated whether defendant had knowledge of the status quo order---Impugned order for restoration of possession was not tenable in circumstances---If said order was left intact then same would be unjustified---High Court had suo motu revisional power to correct any…

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