Indradevi And Others vs Mohd Mushtaque

Alok Awasthi, J

IA No.1444/2025 taken up, which is an application under Section 94 and 151 of CPC.

The present appeal under Section 100 of CPC has been preferred by the appellants/defendants, being aggrieved by the judgement and decree dated 22.09.2025 passed by 34th District Judge, Indore in RCA No.164/2024 whereby, the judgement and decree dated 20.09.2024 passed by the 16th Civil Judge, Senior Division, Indore in Regular Civil Suit No.94-A/2015 has been affirmed.

The issue involved in the present matter with respect to grant of interim relief has already been decided by the Apex Court in U. Sudheera & others Vs. C. Yashoda & Others (Civil Appeal No.567/2025 decided on 17.01.2025) wherein, it has been held in paragraphs 11 and 12 as under :-

"11. Concededly, in the present case, the High Court, without formulating substantial questions of law, granted the interim relief by directing the parties to maintain status quo, till the next date of hearing. The said interim order was also subsequently extended. It is also pertinent to point out that all the respondents in the second appeal have not been served and notice was unserved qua Respondent Nos.4, 6 and 7 therein. Therefore, we are of the opinion that the High Court could not have passed the interim order without satisfying itself of the existence of a substantial question of law, as mandated under Section 100 CPC.

Though the learned counsel for the Respondent No.1/plaintiff made an attempt to contend that the High Court has jurisdiction to pass any interim order and the order impugned herein is only an ad interim arrangement to protect the interest of the subject matter of the proceedings, the same cannot be countenanced by us in the facts of this case. Indisputably, the High Court has jurisdiction to pass an interim order ex parte, however, it does not empower to grant ad interim relief, without examining the parties and formulating the substantial question of law involved in the second appeal as it is contrary to section 100 CPC. The judgements relied upon by the learned counsel for the contesting respondent are of no avail as they are factually distinguishable and do not support the case of the respondent."

In the present case, matter is at the stage of admission.

Considering the aforesaid and in light of the judgement passed by the Apex Court in U. Sudheera (supra), at this stage, no case for interim relief as prayed is made out. I.A. No.1444/2025 is accordingly, rejected.

Let record of the Courts below be summoned.

List the matter after 10 days.