JUDGMENT : 1. Heard Mr. Gaurav Gautam, learned counsel for the plaintiff-revisionist and Ms. Babita Upadhyay, learned counsel for the defendant-respondent. 2. The present revision has been filed with the prayer to set aside the judgment and decree dated 20.02.2021 passed by Judge, Small Causes/Additional District Judge, Bulandshahr in Small Causes Case No.6 of 2017 (CNR No.UPBU07000992017) by which suit filed by the plaintiff-revisionist was dismissed. 3. The facts in brief as contained in the affidavit filed in support of the present revision are that the plaintiff-revisionist filed a case being Small Causes Case No.6 of 2017 in the Court of Small Causes Court/Additional District Judge, Bulandshahr, for arrear of rent and ejectment of the defendant-respondent from the shop in dispute situated at Mohalla Nehruganj, Kasba, Pargana and Tehsil Anupshahr, District, Bulandshahr. The plaintiff had let out his shop to the defendant-respondent on rent of Rs.4,000/-per month. The rent was not received from defendant since 1.3.2015, and the defendant is continuously using the shop in question. In this regard, a registered notice under Section 106 of Transfer of Property Act, was sent by the plaintiff-revisionist to the defendant-respondent on 18.9.2017 but the premise in question was not vacated by the defendant-respondents, hence the suit was filed. 4. In the aforesaid suit, the defendant-respondent has filed his written statements on 9.3.2018 denying the statement made in the plaint. Reply to the aforesaid, a written statement was filed by the plaintiff-revisionist on 9.4.2018. 5. In the aforesaid suit following issues were framed before the court below :- ^^5- i{kdkjks ds vfHkopuksa ds vk/kkj ij fuEufyf[kr fofu'p; fcUnq fojfpr fd;s x;s& 1- D;k oknh fookfnr nqdku dk Hkou Lokeh gS vkSj izfroknh mlesa 4000@& :i;s izfrekg dh nj ls fdjk;snkj gS rFkk i{kdkjksa ds e/; Hkou Lokeh o fdjk;snkj dk lEca/k LFkkfir gS\ 2+- D;k izfroknh ds }kjk fdjk;s dh vnk;xh esa pwd dh x;h gS\ 3- D;k fookfnr nqdku ij mŒizŒ vf/kfu;e la[;k 13 lu 1972 ds izko/kku ykxw ugh gksrs gS\ 4- D;k izfroknh dh fdjk;snkjh oS/k uksfVl ds ek/;e ls lekIr dh x;h gS\ 5+- D;k okn/kkjk 23 ihŒ,lŒlhŒlhŒ ,DV ds izko/kku ls ckf/kr gS\ 6- vuqrks"k\ okn fcUnq ds lEca/k esa igys ls i=koyh ij lk{; miyC/k gS vU; lk{; dh vko';drk ugh gSA^^ 6. The first and the main issue was that whether there is a relationship of landlord and tenant or not.
The first and the main issue was that whether there is a relationship of landlord and tenant or not. The aforesaid issue was decided against the plaintiff-revisionist. Finding were recorded by the court below that there is no relationship of landlord and tenant. Since the first and main issue was decided against the plaintiff-revisionist, the other issues were also decided in the same manner. Aggrieved against the aforesaid, the present revision has been filed by the plaintiff-revisionist. 7. It is argued by learned counsel for the plaintiff-revisionist that the court below completely overlooked the evidences filed by the plaintiff-revisionist, reference of which has been made in paragraph 6 of the order impugned. It is further argued that the trial court failed to appreciate the fact that ownership of the shop in question was proved vide order dated 16.9.2019 and the house tax receipt of Nagar Palika revealed that the shop was a rented shop and the notice under Section 106 of Transfer of Property Act was duly served on the defendant-respondent. It is further argued that the trial court overlooked the mandate of Section 106 of Transfer of Property Act, 1882 which provides that the tenancy/lease can also be created orally and the same has been affirmed by this Hon'ble Court in case of Yashpal Lal Shiv Narayan Vs. Allah Tala Malik Waqf Azkhan AIR 2006 IL 115. Learned counsel for the plaintiff -revisionist has also placed reliance upon the judgment passed by Hon'ble Apex Court in case of R.V.E. Venkatachala Gounder Vs. Arulmigu Viswesaraswami and V.P. Temple and another reported in (2003) 0 Supreme (SC) 994, wherein it has been held that the entires in house tax register will be admissible as evidence of possession and in absence and in absence of legal claim to the property, entries made in municipal record will be treated as evidence of ownership and in the present case the defendant-respondent failed to prove the ownership of the shop in question. It is further argued that the defendant-respondent has nowhere questioned about the municipal tax receipt or the sale-deed and the order passed by the District Magistrate under Section 143 of U.P. Z.A. & L.R. Act. Lastly, it is argued that the court below has not appreciated the entire evidence and statement made by the plaintiff-revisionist. 8.
It is further argued that the defendant-respondent has nowhere questioned about the municipal tax receipt or the sale-deed and the order passed by the District Magistrate under Section 143 of U.P. Z.A. & L.R. Act. Lastly, it is argued that the court below has not appreciated the entire evidence and statement made by the plaintiff-revisionist. 8. On the other hand, it is argued by the learned counsel appearing on behalf of the defendant-respondents that there is no relationship between the landlord and tenant. The shop in question was build-up on the land belongs to the opposite party. It is further argued that the suit is barred by Section 93 of U.P. Revenue Code, 2006. The user of the land still has not been changed and hence the plaint is liable to be rejected as per provision contained under Section 123 of the Provincial Small Causes Court Act. It is further argued that since the plaintiff-revisionist was not able to proof that there exists any tenancy, the issue was decided against him. It is further argued that the order was rightly passed by the court below and the same does not call for any interference by this Court specially in the fact that the revisionist is not the owner of the property on which the shop in question is situated. It is further argued that plaintiff-revisionist has not filed any rent agreement/rent receipt, hence the order passed by the court below against him. 9. Heard learned counsel for the parties and perused the record. 10. After going through the record, it transpires that though various papers/documents were filed by the parties before the court below but without considering the same, the issue no. 1 has been decided against the plaintiff-revisionist. 11. When a query in this regard has been made by the Court from the counsel for the defendant-respondents that whether these papers or documents were taken into consideration or not. It is very fairly argued by learned counsel for the defendant-respondents that though various relevant papers/documents filed before the court below but the same were not taken into consideration while deciding the issues. 12. Ultimately, it is agreed between the parties that the order passed by the court below is a non-speaking order and the same has been passed without considering the relevant aspects of the matter. 13.
12. Ultimately, it is agreed between the parties that the order passed by the court below is a non-speaking order and the same has been passed without considering the relevant aspects of the matter. 13. In this view of the matter, the Court is of the opinion that since the order passed by the court below is a non speaking order, the same is liable to be set aside and the direction be given to the court below to decide the matter afresh in accordance with law. 14. The Judgment" as defined in Section 2(9) of the Code of Civil Procedure means the statement given by the Judge on the grounds of a decree or order. What a judgment should contain is indicated in Order 20, Rule 4 (2) which says that a judgment : “shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision” 15. It should be a self-contained document from which it should appear as to what were the facts of the case and what was the controversy which was tried to be settled by the Court and in what manner. The process of reasoning by which the Court came to the ultimate conclusion and decreed the suit should be reflected clearly in the judgment. 16. In an old case, namely, Nanhe vs. Saiyad Tasadduq Husain (1912) 15 Oudh Cases 78, it was held that passing of a mere decree was material irregularity within the meaning of Section 115 of the Code and that even if the judgment was passed on the basis of the admission made by the defendant, other requirements which go to constitute "judgment" should be complied with. 17. In Thippaiah and others vs. Kuri Obaiah, ILR 1980 (2) Karnataka 1028, it was laid down that the Court must state the grounds for its conclusion in the judgment and the judgment should be in confirmity with the provisions of Section 2(9) of the Code of Civil Procedure. 18. In Dineshwar Prasad Bakshi vs. Parmeshwar Prasad Sinha, AIR 1989 Patna 139, it was held that the judgment pronounced under Order 8 Rule 10 must satisfy the requirements of "judgment" as defined in Section 2(9) of the Code. 19. In the case of Union of India and others Vs.
18. In Dineshwar Prasad Bakshi vs. Parmeshwar Prasad Sinha, AIR 1989 Patna 139, it was held that the judgment pronounced under Order 8 Rule 10 must satisfy the requirements of "judgment" as defined in Section 2(9) of the Code. 19. In the case of Union of India and others Vs. Manager, Jain and Associates reported in (2001) 3 SCC 277 it is held that before pronouncing judgment the court has to apply its mind to arrive at the conclusion. Relevant paragraph being Paragraph 11 of the aforesaid judgment reads as follows :- “The result is before pronouncing judgment, the Court has to apply its mind to arrive at the conclusion whether there is any cause to modify or remit the award. Further the phrase pronounce judgment would itself indicate judicial determination by reasoned order for arriving at the conclusion that decree in terms of award be passed. One of the meaning given to the word Judgment in Websters Comprehensive Dictionary [International Edition, Vol. I (1984)] reads thus : the result of judging; the decision or conclusion reached, as after consideration or deliberation. Further, Order XX Rule 4(2) C.P.C. in terms provides that Judgment shall contain a concise statement of case, the points for determination, the decision thereon, and the reasons for such decision. This is antithesis to pronouncement of non-speaking order.” 20. Very recently Hon’ble Apex Court in the case of State Bank of India and another Vs. Ajay Kumar Sood reported in (2023) 7 SCC 282 has elaborated as to what should be the content of a judgment. The paragraphs 12 to 25 and 27 & 28 reads as follows : 12. Earlier too, in State of Himachal Pradesh v. Himachal Aluminium and Conductors, Civil Appeal No.5032 of 2022, Supreme Court of India, Sarla Sood v. Pawan Kumar Sharma, Special Leave to Appeal (C)No. 7768-7769 of 2017, Supreme Court of India this Court had to remand the proceedings arising out of similar judgments of the High Court of Himachal Pradesh, so that orders could be passed afresh in language which is capable of being understood. In Shakuntala Shukla v. State of Uttar Pradesh as well, (2021) SCC OnLine SC 672, a two Judge Bench of this Court, was faced with an order of the High Court of Judicature at Allahabad which made it difficult to discern between the submissions of counsel and the reasons of the court.
In Shakuntala Shukla v. State of Uttar Pradesh as well, (2021) SCC OnLine SC 672, a two Judge Bench of this Court, was faced with an order of the High Court of Judicature at Allahabad which made it difficult to discern between the submissions of counsel and the reasons of the court. Laying emphasis on the purpose of a judgment, this Court elaborated on what should be the content of a judgment. The court observed that: 33. [...] “Judgment” means a judicial opinion which tells the story of the case; what the case is about; how the court is resolving the case and why. "Judgment" is defined as any decision given by a court on a question or questions or issue between the parties to a proceeding properly before court. It is also defined as the decision or the sentence of a court in a legal proceeding along with the reasoning of a judge which leads him to his decision. The term "judgment" is loosely used as judicial opinion or decision. Roslyn Atkinson, J., Supreme Court of Queensland, in her speech once stated that there are four purposes for any judgment that is written: i) to spell out judges own thoughts; ii) to explain your decision to the parties; iii) to communicate the reasons for the decision to the public; and iv) to provide reasons for an appeal court to consider 34. It is not adequate that a decision is accurate, it must also be reasonable, logical and easily comprehensible. [....] What the court says, and how it says it, is equally important as what the court decides. 35. Every judgment contains four basic elements and they are (i) statement of material (relevant) facts, (ii) legal issues or questions, (iii) deliberation to reach at decision and (iv) the ratio or conclusive decision. A judgment should be coherent, systematic and logically organised. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. It is pertinent to examine the important elements in a judgment in order to fully understand the art of reading a judgment. In the Path of Law, Holmes J. has stressed the insentient factors that persuade a judge. A judgment has to formulate findings of fact, it has to decide what the relevant principles of law are, and it has to apply those legal principles to the facts.
In the Path of Law, Holmes J. has stressed the insentient factors that persuade a judge. A judgment has to formulate findings of fact, it has to decide what the relevant principles of law are, and it has to apply those legal principles to the facts. The important elements of a judgment are: i) Caption ii) Case number and citation iii) Facts iv) Issues v) Summary of arguments by both the parties vi) Application of law vii) Final conclusive verdict 36. The judgment replicates the individuality of the judge and therefore it is indispensable that it should be written with care and caution. The reasoning in the judgment should be intelligible and logical. Clarity and precision should be the goal. All conclusions should be supported by reasons duly recorded. The findings and directions should be precise and specific. Writing judgments is an art, though it involves skillful application of law and logic. We are conscious of the fact that the judges may be overburdened with the pending cases and the arrears, but at the same time, quality can never be sacrificed for quantity. Unless judgment is not in a precise manner, it would not have a sweeping impact. There are some judgments that eventually get overruled because of lack of clarity. Therefore, whenever a judgment is written, it should have clarity on facts; on submissions made on behalf of the rival parties; discussion on law points and thereafter reasoning and thereafter the ultimate conclusion and the findings and thereafter the operative portion of the order. There must be a clarity on the final relief granted. A party to the litigation must know what actually he has got by way of final relief. The aforesaid aspects are to be borne in mind while writing the judgment, which would reduce the burden of the appellate court too. We have come across many judgments which lack clarity on facts, reasoning and the findings and many a times it is very difficult to appreciate what the learned judge wants to convey through the judgment and because of that, matters are required to be remanded for fresh consideration. Therefore, it is desirable that the judgment should have a clarity, both on facts and law and on submissions, findings, reasonings and the ultimate relief granted.(emphasis supplied) 13.
Therefore, it is desirable that the judgment should have a clarity, both on facts and law and on submissions, findings, reasonings and the ultimate relief granted.(emphasis supplied) 13. Amidst an overburdened judicial docket, a view is sometimes voiced that parties are concerned with the outcome and little else. This view proceeds on the basis that parties value the outcome and not the reasoning which constitutes the foundation. This view undervalues the importance of the judicial function and of the reasons which are critical to it. The work of a judge cannot be reduced to a statistic about the disposal of a case. Every judgment is an incremental step towards consolidation and change. In adhering to precedent, the judgment reflects a commitment to protecting legal principle. This imparts certainty to the law. Each judgment is hence a brick in the consolidation of the fundamental precepts on which a legal order is based. But in incremental steps a judgment addresses the need to evolve and to transform by addressing critical issues which confront human existence. Courts are as much engaged in the slow yet not so silent process of bringing about a social transformation. How good or deficient they are in that quest is tested by the quality of the reasons as much as by the manner in which the judicial process is structured. 14. Lord Burrows of the Supreme Court of the United Kingdom, in his speech at the Annual Conference of Judges of the Superior Courts in Ireland stressed upon the importance of clarity, coherence and conciseness in judgment writing Lord Burrows, (Lord Burrows Justice of the Supreme Court of the United Kingdom, Judgment-Writing: A Personal Perspective, Annual Conference of Judges of the Superior Courts in Ireland, 20 May 2021). Lord Burrows also noted the importance of the judgment being written in a manner that it is accessible to all considering its wide and varied potential audience. He noted : For senior judges, one's target audience must include the parties themselves, the legal advisers to those parties, other judges, other practising lawyers, academic lawyers and students, and last but by no means least the public at large.
He noted : For senior judges, one's target audience must include the parties themselves, the legal advisers to those parties, other judges, other practising lawyers, academic lawyers and students, and last but by no means least the public at large. Lord Burrows also reiterates the view of Lord Bingham, that a judgment which is unclear or not concise and therefore inaccessible may contradict the rule of law : (T)here is the view that a judgment that is unclear or not concise and therefore inaccessible may contradict the rule of law. The great Lord Bingham a master of judgment-writing if ever there was one-suggested this in his book, The Rule of Law. Having laid down as his first concretised element of the rule of law that the law must be accessible' he went on as follows: ‘The judges are quite ready to criticise the obscurity and complexity of legislation. But those who live in glass houses are ill-advised to throw stones The length elaboration and prolixity of some common law judgments can in themselves have the effect of making the law to some extent inaccessible.’ 15. In a piece of academic writing, Justice Daphne Barak-Erez of the Supreme Court of Israel distinguished between academic writing and judgment writing. While alluding to the importance of judgments being written in an accessible manner (Justice Daphne Barax-Erez. Wrting Law Reflections on Judicial Decisions and Academic Scholarship (2015) 41 -1 QUEEN'S LAW JOURNAL 255), Justice Daphne Barak-Erez notes: For judges, the professional community is only one of their several audiences. Judges write first and foremost for the parties appearing before them, for the state's agents who are in charge of enforcement, and for the public. Although judgments are professional legal documents, and sometimes involve complex technical and legal analyses, they should also be accessible, or at least explicable, to people who are not professionals, as they define the law for a larger community. 16. A judgment culminates in a conclusion. But its content represents the basis for the conclusion. A judgment is hence a manifestation of reason. The reasons provide the basis of the view which the decision maker has espoused, of the balances which have been drawn. That is why reasons are crucial to the legitimacy of a judge's work. They provide an insight into judicial analysis, explaining to the reader why what is written has been written.
A judgment is hence a manifestation of reason. The reasons provide the basis of the view which the decision maker has espoused, of the balances which have been drawn. That is why reasons are crucial to the legitimacy of a judge's work. They provide an insight into judicial analysis, explaining to the reader why what is written has been written. The reasons, as much as the final conclusion, are open to scrutiny. A judgment is written primarily for the parties in a forensic contest. The scrutiny is first and foremost by the person for whom the decision is meant -the conflicting parties before the court. At a secondary level, reasons furnish the basis for challenging a judicial outcome in a higher forum. The validity of the decision is tested by the underlying content and reasons. But there is more. Equally significant is the fact that a judgment speaks to the present and to the future. Judicial outcomes taken singularly or in combination have an impact upon human lives. Hence, a judgment is amenable to wider critique and scrutiny, going beyond the immediate contest in a courtroom. Citizens, researchers and journalists continuously evaluate the work of courts as public institutions committed to governance under law. Judgment writing is hence a critical instrument in fostering the rule of law and in curbing rule by the law. 17. Judgment writing is a layered exercise. In one layer, a judgment addresses the concerns and arguments of parties to a forensic contest. In another layer, a judgment addresses stake-holders beyond the conflict. It speaks to those in society who are impacted by the discourse. In the layered formulation of analysis, a judgment speaks to the present and to the future. Whether or not the writer of a judgment envisions it, the written product remains for the future, representing another incremental step in societal dialogue. If a judgment does not measure up, it can be critiqued and criticized. Behind the layers of reason is the vision of the adjudicator over the values which a just society must embody and defend. In a constitutional framework, these values have to be grounded in the Constitution. The reasons which a judge furnishes provides a window-an insight into the work of the court in espousing these values as an integral element of the judicial function. 18. Many judgments do decide complex questions of law and of fact.
In a constitutional framework, these values have to be grounded in the Constitution. The reasons which a judge furnishes provides a window-an insight into the work of the court in espousing these values as an integral element of the judicial function. 18. Many judgments do decide complex questions of law and of fact. Brevity is an unwitting victim of an overburdened judiciary. It is also becoming a victim of the cut-copy-paste convenience afforded by software developers. This Court has been providing headings and sub-headings to assist the reader in providing a structured sequence. Introduced and popularized in judgment writing by Lord Denning, this development has been replicated across jurisdictions supra (Lord Burrows)." 19. Lord Neuberger, the former President of the Supreme Court of the United Kingdom, discussed in the course of a lecture [Lord Neuberger, No Judgment-No Justice, First Annual British and Irish Legal Information Institute (BAILII) Lecture (20 November 2012)] the importance of clearly written judgments: A second small change worth considering would be for more judges to give better guidance to the structure and contents of their longer Judgments. Some judges already provide a clear framework, sometimes with a table of contents, a roadmap, at the beginning, and often with appropriate headings, signposts, throughout the Judgment. Kimble's study confirms that this is not just a good discipline but it is what the legal professional readers want, and, if it is what lawyers want, it is a fortiori what non-lawyers will want. A clear structure aids accessibility. 20. It is also useful for all judgments to carry paragraph numbers as it allows for ease of reference and enhances the structure, improving the readability and accessibility of the judgments. A Table of Contents in a longer version assists access to the reader. 21. On the note of accessibility, the importance of making judgments accessible to persons from all sections of society, especially persons with disability needs emphasis. All judicial institutions must ensure that the judgments and orders being published by them do not carry improperly placed watermarks as they end up making the documents inaccessible for persons with visual disability who use screen readers to access them. On the same note, courts and tribunals must also ensure that the version of the judgments and orders uploaded is accessible and signed using digital signatures. They should not be scanned versions of printed copies.
On the same note, courts and tribunals must also ensure that the version of the judgments and orders uploaded is accessible and signed using digital signatures. They should not be scanned versions of printed copies. The practice of printing and scanning documents is a futile and time-consuming process which does not serve any purpose. The practice should be eradicated from the litigation process as it tends to make documents as well as the process inaccessible for an entire gamut of citizens. 22. In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such that the 'Issue, Rule, Application and Conclusion' are easily identifiable. The well-renowned 'IRAC' method generally followed for analyzing cases and structuring submissions can also benefit judgments when it is complemented by recording the facts and submissions. 23. The 'Issue' refers to the question of law that the court is deciding. A court may be dealing with multiple issues in the same judgment. Identifying these issues clearly helps structure the judgment and provides clarity for the reader on the specific issue of law being decided in a particular segment of a judgment. The 'Rule' refers to the portion of the judgment which distils the submissions of counsel on the applicable law and doctrine for the issue identified. This rule is applied to the facts of the case in which the issue has arisen. The analysis recording the reasoning of a court forms the 'Application' section. 24. Finally, it is always useful for a court to summarize and lay out the 'Conclusion' on the basis of its determination of the application of the rule to the issue along with the decision vis-à-vis the specific facts. This allows stakeholders, especially members of the bar as well as judges relying upon the case in the future, to concisely understand the holding of the case. 25.
This allows stakeholders, especially members of the bar as well as judges relying upon the case in the future, to concisely understand the holding of the case. 25. Justice M.M. Corbett, Former Chief Justice of the Supreme Court of South Africa, in a lecture at an orientation course for new judges," (Justice M.M. Corbett, Writing a Judgment-Address at the First Orientation Course for New Judges, (1998) 115 SOUTH AFRICAN LAW JOURNAL 116) recommended a similar structure which facilitates orderliness and produces a logical, flowing judgment; (a) An introductory section: (b) Setting out of the facts: (c) The law and the issues; (d) Applying the law to the facts; (e) Determining the relief (including order for costs); and (f) Finally, the order of the Court. 26………………….. 27. While we have laid down some broad guidelines, individual judges can indeed have different ways of writing judgments and continue to have variations in their styles of expression. The expression of a judge is an unfolding of the recesses of the mind. However, while recesses of the mind may be inscrutable, the reasoning in judgment cannot be. While judges may have their own style of judgment writing, they must ensure lucidity in writing across these styles. This has also been captured by Justice Corbett (Ibid)," in the following extract : For lucidity should be the prime aim of any judgment-writer. At the same time, certain aspects of style have a bearing on lucidity. In this connection, my advice (for what it is worth) is to keep your language and your sentence construction simple. Write in short sentences and do not try to pack too many ideas into a single sentence. Particularly in setting out facts, try to maintain a simple, straightforward flow to your narrative. Try to avoid the repetition of words or phrases and observe the normal rules of grammar. A well-known exponent of simple language and the simple sentence was Lord Denning. (emphasis supplied) 28. Echoing a similar sentiment, Justice Michael Kirby, a distinguished former judge of the High Court of Australia notes: (Justice Michael Kirby, On the Writing of Judgment, (1990) 64 Australian Journal 691 ): Brevity, simplicity and clarity. These are the hallmarks of good judgment writing. But the greatest of these is clarity. 21.
(emphasis supplied) 28. Echoing a similar sentiment, Justice Michael Kirby, a distinguished former judge of the High Court of Australia notes: (Justice Michael Kirby, On the Writing of Judgment, (1990) 64 Australian Journal 691 ): Brevity, simplicity and clarity. These are the hallmarks of good judgment writing. But the greatest of these is clarity. 21. In this view of the matter, the Court is of the opinion that the judgment and decree dated 20.02.2021 passed by Judge, Small Causes/Additional District Judge, Bulandshahr is liable to be set aside and the same is hereby set aside. 22. Since the suit in question was filed initially in the year 2017 and pleadings have already been exchanged, the court concerned is directed to decide the aforesaid suit strictly in accordance with law most expeditiously and preferably within a period of one year from the date of receipt of the order without granting any unnecessarily adjournment unless there is no legal impediment. 23. It is made clear that status quo as on today shall be maintained between the parties till disposal of the suit. 24. Office is directed to return original records to the court below forthwith.