Application under section 151 cpc to maintain status quo
Anupam Dash
(Querist) 06 July 2013
This query is : Resolved
My client's case is that he had filed a suit against the collector not to ouster him from the suit land along with an application under O. 39 R. 1 CPC. Summons were issued by the court to the defendant. Before the defendant made appearance, he demolished my client's house situated on the suit land and started construction of a pucca house. Under these circumstances, my client filed an application under S. 151 CPC for maintaining status quo. The lower court dismissed this application under s. 151 CPC saying that application under S. 151 CPC is not maintainable when application under O. 39 R. 1 is still pending. Against this order we have come to the High Court filing a writ. Can you please cite a decision preferably of the Supreme Court which says that application under Section 151 CPC is maintainable even when application under O. 39 R. 1 is still pending disposal?
Khaleel Ahmed Mohammed
(Expert) 06 July 2013
You are advised to file a tress pass case against the collector immeidately. Writ petition will not be maintainable as the civil case is pending before the trial court.You can file civil miscellaneous appeal against the order of the trial court.
Raj Kumar Makkad
(Expert) 06 July 2013
We do not provide the citations here, however, you are required to amend the suit and the maintainability of the application shall even not serve your purpose and your house has already been got demolished by respondent/defendant and now you are not in the possession of the sut property. Status quo shall now go in favour of the respondent/defendant.
Rajendra K Goyal
(Expert) 06 July 2013
Agree with the expert raj kumar makkad ji. nothing more to add.
