Mrs. Abdul Haque vs . on 14 July, 2026

    0
    6
    ADVERTISEMENT

    Meghalaya High Court

    Mrs. Abdul Haque vs . on 14 July, 2026

    Serial No.17
    Regular List
    
    
                            HIGH COURT OF MEGHALAYA
                                AT SHILLONG
    
    MC (SA) No. 3 of 2026 in
    SA No. 1 of 2026                   Date of Order: 14.07.2026
    ___________________________________________________________
    Smti. Florida Kharshiing @                    Shri. G.D. Gupta
    Mrs. Abdul Haque           Vs.
    Coram:
          Hon'ble Mr. Justice B. Bhattacharjee, Judge
    
    Appearance:
    For the Petitioner/Appellant(s) : Mr. R. Jha, Adv.
    
    For the Respondent(s)               : Mr. A. Khan, Adv.

    Ms. Z. Begum, Adv.

    (Oral)
    Heard Mr. R. Jha, learned counsel appearing for the petitioner and
    Mr. A. Khan, learned counsel appearing for the respondent.

    SPONSORED

    By this petition, the petitioner has prayed for issuance of necessary
    direction for implementation of the status quo order dated 29.04.2026
    passed by this High Court in MC (SA) No. 1 of 2026 and also for directing
    the respondent to remove the lock put by him on the suit premises over and
    above the lock of the petitioner.

    The learned counsel for the petitioner submits that despite passing of
    the order dated 29.04.2026 directing for maintenance of status quo by the
    parties, the respondent has put his lock on the suit premises above the lock
    of the petitioner in utter disregard to the order. He submits that the order
    dated 29.04.2026, particularly, the submissions made on behalf of the
    Page 1 of 3
    respondent duly noted by the Court would show that the suit premises was
    never put under lock by the respondent.

    The learned counsel for the respondent, on the other hand, submits
    that the lock complained of by the petitioner was in existence prior to the
    passing of the order dated 29.04.2026 as the same was placed on
    27.04.2026 during the execution proceedings, which continued till late
    evening. He refers to the statement made in para 6 of the petition and para 5
    of the show-cause in support of his submission.

    A perusal of the order dated 29.04.2026 reveals that the Court while
    passing the order of status quo had taken into consideration the fact that
    there was no report from the bailiff as far as the execution proceeding is
    concerned. The relevant part of the order reads “This Court on
    consideration of the submission made, as has been submitted by the learned
    counsel for the petitioner that till date there is no report from the bailiff as
    far as the fade of execution is concerned. Therefore, it can be assumed that
    the same is not yet completed.”

    Furthermore, in the order dated 29.04.2026, the submission advanced
    on behalf of the respondent was duly noted, which reads “Mr. A. Khan,
    while objecting to the prayer made has submitted that the opposite party
    herein would concede only to the extent that the suit premises be put under
    lock and key in the meantime.”

    It is clear from the order of status quo dated 29.04.2026, more
    particularly, from the submission made on behalf of the respondent, that
    there was no existing lock placed by the respondent on the suit premises at
    the time when the order was passed. Therefore, it is apparent that the lock
    placed by the respondent on the suit premises was after passing of the
    status quo order.

    Under the circumstances, to ensure that the order of status quo
    prevails in terms of the order dated 29.04.2026, the respondent is hereby
    directed to remove his lock from the suit premises within 24 hours. It is

    Page 2 of 3
    made clear that in the event of failure on the part of the respondent to
    comply with the direction made, necessary consequential order will follow.

    List this matter on 16.07.2026 for compliance report by the
    respondent.

    Judge

    Meghalaya
    14.07.2026
    “Abhinandan PS”

    Signature Not Verified
    Digitally signed by Page 3 of 3
    ABHINANDAN KUMAR
    Date: 2026.07.14 16:02:51 IST



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here