TO VACATE A STATUS QUO
Querist :
Anonymous
(Querist) 26 April 2011
This query is : Resolved
Sir,
A person has obtained an ad interim order from Junior Civil Judge, against the municipal corporation for demolishing an unauthorized structure, by concealing the fact in thier OS that the case is already pending in the high court and a contempt case was also pending in the high court.
Pointing this discrepancy that the party has concealed the fact that the case is pending in the high court the standing counsel got the order impunged.
The party agrieved by the orders of the Junior Civil Court approached the Addl. Chief Judge, City Civil Courts, and obtained a status quo.
In the hearing the standing counsel of the corporation has stated, as there is a contempt case pending against the corporation and wherein the corporation has given it in writting in their counter affadavit in the contempt case before the Hon. High Court Judge, that "as the regularizastion was rejected and as the party has not stopped the construction eventhough they were issued notices, and also ignored the 'stay of construction ordered' by the Hon. High Court, they would demolish the illegal structure immedieately. He has pleaded before the Addl. chief judge to vacate the status quo so that the corporation could demolish the unauthorized structure and he further prayed that the OS could be heard after the status quo has been vacated.
Is the argument of the standing counsel valid. If the status quo is vacated the corporation would demolish the unauthorized structure and the parties plea not to demolish in the OS does not serve any purpose.
