Shashi Bhusan Prasad vs Anil Kumar Sahay on 8 November, 2019
In the said case, the Hon'ble Apex Court while dealing with the case
of status quo wherein the order of status quo has been passed has
considered the factual aspect and given observation along with the
finding that the prima facie case is to be shown before passing interim
order of maintaining status quo. It is settled position of law that the
judgment will have its binding effect if any ratio has been laid down
and the judgment rendered by the higher Court is not ipso facto
applicable rather it depends on the facts and circumstances of each
and every case, herein the fact is not pertaining to eviction of the
tenant rather the suit herein pertains to the declaration of right and
title and when the trial court after taking into consideration the nature
of issues which is to be adjudicated i.e., pertaining to title, as such
after taking into consideration the prima facie case, balance of
convenience and irreparable loss has passed an order, therefore, on
fact the judgment rendered by the Hon'ble Apex Court in the case of
Kishore Kumar Khaitan & Anr. vs. Praveen Kumar Singh (supra) is
not applicable in this case.