J&K High Court recently, while dealing with a petition filed under Article 227, reiterated the scope of Order 39 of the Code of Civil Procedure, 1908.

The Petitioners had invoked the supervisory jurisdiction of the Court under Article 227 challenging order of status quo ante passed by the Trial Court which modified the earlier order of status quo granted in favor of the petitioners.

The Court held that the power to grant interim relief/injunction under Order 39 CPC is discretionary and extra ordinary in nature, the same cannot be claimed as a matter of right. The Court further reiterated that such power has to be exercised by the courts cautiously. It observed that the power of grant of injunction is equitable in nature which is aimed at protecting the lis till the rival claims of the parties are adjudicated upon.

The Court refused to interfere with the impugned order passed by the Trial Court in as much as the said order only indisputably directed the parties to maintain status-quo with respect to the possession of the land in question as existing at the time of filing of the suit and held that the same is completely in tune with the Object of Order 39 СРС, and accordingly dismissed the petition.