Status quo
Atul Jain
(Querist) 14 April 2012
This query is : Resolved
if a temporary injunction order has been passed against the defendant for not doing any further construction on a common wall and maintaining status quo , is the plaintiff also bound by the same order , can the plaintiff do construction on the common wall . If the plaintiff does the construction on the common wall or on part of the commmon wall , then will the status remain the same ?
Devajyoti Barman
(Expert) 14 April 2012
Though strictly speaking the order is not binding on him but any change made on the suit premises would complicate the already existing problem and the defendant taking this opportunity may succeed to vacate the order of injunction.
prabhakar singh
(Expert) 15 April 2012
If only defendant has been restrained by the order and order does not read "parties to maintain status quo"then plaintiff is not bound by the order.
But defendant can seek an injunction order without filing any fresh suit under section 151 of CPC should plaintiff creates such a situation by raising construction on wall upon which defendant has been restrained.
Besides relief of injunction is an equitable relief which can be denied by court to him if court finds plaintiff not remaining to maintain equity under maxim "he who seeks equity must do equity"Hence plan thought of shall not prove fruit full to the plaintiff.
