Learned counsel for the petitioner submits that the dispute is between the brothers regarding shop in question. A suit has been instituted by the plaintiff/respondents for injunction. The trial Court under its order dated 20.10.2022, while considering the application for interim injunction, granted status quo to be maintained by the parties. It is contended by the learned counsel for the petitioner that under the garb of the status quo order the plaintiffs are not permitting the petitioner to carry on his business and at the same time they themselves are continuing with their business activities. Being compelled by the aforesaid situation, the petitioner approached this Court at earlier point of time by filing a petition under Article 227 of the Constitution of India being petition No. 1685 of 2023, which has been disposed of vide order dated 21.02.2023, which order has been brought on record as annexure no. 4 to the petition, observing that the status quo order is to be interpreted with regard to possession and nature of the property and not for restraining the party, already in possession, from running the business in his shop. The petitioner was accordingly relegated for filing Appeal under Order XLIII Rule 1r of the Code of Civil Procedure against the order of status quo.
