Status quo
vinod puri
(Querist) 24 July 2012
This query is : Resolved
My father has gifted his house to me by a registered gift deed and the same has a commercial shop in it on the ground floor. The mutation of the property has been done with the relevant authorities.
My other family members have filed a suit for partition thus challenging the gift deed. . The court has ordered a staus quo on this property.
The commercial portion in the house is in my possession and have been working form this address since last 30 years, only in the last one year have not utilized it. Can I start it or would I need permission from the court and if permission is to be got would it be difficult to get from the court.
R.K Nanda
(Expert) 24 July 2012
U cannot start it till the stay order is in operation.
Adv.R.P.Chugh
(Expert) 24 July 2012
Would depend on the exact words used by the court in it's injunction order.
Nadeem Qureshi
(Expert) 26 July 2012
Dear Querist
Status quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs.[1] To maintain the status quo is to keep the things the way they presently are. The related phrase status quo ante, literally "the state in which before", means "the state of affairs that existed previously.
ashutosh mishra
(Expert) 27 July 2012
" staus quo " is very ambiguous term.
If defendant is in effective possession such a term can not deprive him from using the property.It should not mean that when order was passed,if defendant was out station and the shop in question was shuttered down then he can not open it without permission of the court.
or
when order was passed one of the defendant was on chowk then he can not enter his house after the order.
At best " staus quo " means that defendant should not raise any fresh construction so as to alter the suit property.Use would go as it was going.
In my opinion you should not move any application if you are in the effective control and possession of the shop you are entitled to use it unless suit for possession is decreed or the court passes
any interim order in so many words which in circumstances existing can not be passed.
