Status -quo
Pardeep Kumar
(Querist) 24 April 2012
This query is : Resolved
r/sir
i have taken status-quo against agriculture land,but the party who was in possession before order is doing cultivation till, than i file the application for the implementation of order through police, the Ld.judge dismissed the application, i have also submit a judgment with application in which Hon'ble J&K High court define status quo related to land, as no way change in the feature and character of land,
now i want to stop other party from cultivating land untill order of status quo in force. what should i do.is there any judgment.
thanks
Raj Kumar Makkad
(Expert) 24 April 2012
You are wrongly interpreting the order of the status quo.
Its simple meaning is that not to change the possession of the land till further order of the court.
The party in possession of the land might not have been restrained to cultivate the land by way of impugned order.
You shall have to file proceeding under section 145 Cr. PC for that purpose which is separate than civil suit.
Shonee Kapoor
(Expert) 24 April 2012
Rightly stated.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 25 April 2012
Yes!
The simple meaning of the phrase is "let the things be as they are"
You admit he was in possession on suit date and was also cultivating.Then you got an order that favors him.
As a civil suit has come in existence no proceedings under section 145 Cr.P.C.can now proceed.
You need to seek relief of possession in the suit you have filed.
Deepak Nair
(Expert) 25 April 2012
Agree with the experts
