Injunction Order Can Be Stayed Only In Rare Cases Where Restoration Of Status Quo Ante At Interlocutory Stage Is Imperative For Justice: Delhi High Court

The Delhi High Court has observed that a stay order cannot be stayed, except in rare and exceptional cases, where restoration of the status quo ante at an interlocutory stage is imperative in the interest of justice.

Justice C Hari Shankar added that where a judgment or decree is injunctive in nature, meaning that where the judgment or decree injuncts either of the parties before the Court from performing any particular act, no stay of such an order can be sought as it would amount to "placing the clock back and restoring the status quo ante."

The Court was dealing with a plea challenging an order dated 25th March 2022 passed by the Additional District Judge concerning a suit instituted by one Mohd Islam (respondent) against the petitioners in the petition. The suit was decreed by the Civil Judge on 11th January 2022.

The petitioners had then appealed against the civil judge's judgment and decree before the ADJ along with a prayer seeking stay of operation of the same.

An ex parte ad-interim stay was sought by the petitioners, which was declined by the ADJ vide order dated 9th February 2022. The Court had noted that the relief granted by the Civil Judge was not of such a nature as warranted indulgence by the ADJ at that stage.

In appeal, the High Court opined that the application for stay, preferred by the petitioners before the ADJ, was itself completely misconceived.

"Per sequitur, the present petition is also equally misconceived, consequently, is the present petition. Stay of a judgment or decree is a concept unknown to the law. What can be stayed is the operation or execution of a judgment or decree," the Court said.

It added "There cannot be a stay of a direction not to dispossess. Had the order been a positive order directing placement of anyone in possession, such an order could have been stayed as it would be an order directing a positive act to be performed. An order which restraint dispossession cannot, ordinarily, be stayed at an interlocutory stage in appeal."

Upholding the impugned order passed by the ADJ, the Court dismissed the plea as being misconceived.

Case Title: MOHD SHAKEEL & ORS. v. MOHD ISLAM

Citation: 2022 LiveLaw (Del) 868

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