Implications of temporary injunction
professional
(Querist) 28 December 2013
This query is : Resolved
If a party to the suit has obtained temporary injunction (status quo)from the court under Order 39 of CPC, 1908, then whether such injunction order also operates in respect of electricity meter and water meter installed in the said house property ? whether such status quo should also be required to be maintained in regard to electricity meter and water meter installed in the suit property ?
Devajyoti Barman
(Expert) 29 December 2013
Professional query.
No reply from my end.
Biswanath Roy
(Expert) 29 December 2013
Read "CODE OF CIVIL PROCEDURE" By Mulla Lexis Nexis Publication.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
Though status quo is also considered as an injunction, the status quo means that the status of entire situation including the existing facilities will remain so until further orders.
prabhakar singh
(Expert) 29 December 2013
By 'Status quo' we mean that 'let the existing state of affairs be as they are' hence doubtlessly when subject matter of a dispute is a premise with such facilities,it would operate over them too.
ajay sethi
(Expert) 29 December 2013
agree with experts
Rajendra K Goyal
(Expert) 29 December 2013
Agree with the experts.
However, the relief sought while asking for status quo and the order must not be containing any thing which may result for contrary advise.
Biswanath Roy
(Expert) 29 December 2013
'Status quo' means the situation that currently exists. The effect of the order starts from the date of the order. If after the order was made the defendant disturbs the situation he deserves punishment for breaching the order. This is a Latin word 'STATas KWOH'
Arvind Singh Chauhan
(Expert) 29 December 2013
Vague term !-
if any body is erecting wall and status quo is obtained by other party.
Doesn't it mean that- let him erect wall as it was the status at the time of passing of order.
that's why many courts held as-
Application for interim injunction pending suit – duty of court to pass clear order on merit of material on record rather than passing vague and uncertain order of Status Quo giving rise to possibility of parties taking law in their hands- A.I.C-2003.- Vol-6-Mad-337, AIC-2003-Vol-7-All-221, AIC-2003-V0l-4-Jhar-409.
Biswanath Roy
(Expert) 29 December 2013
I differ with the views that status quo is a vague term. In a temporary injunction or interlocutory injunction the person seeking for an order shall have to state that in absence of a restraint order he will face injury that cannot be compensated by any yard of pecuniary damages viz.,the petitioner apprehends some mischief in the hands of the opposite party which also can be said as apprehension of 'action in futuro'. Under such a case the court considering the existing situation and possibility of irreparable loss and injury makes an order to maintain status-quo. If a mandatory injunction is granted at all on an interlocutory application it was granted only to restore the status quo and not granted to establish a new state of things, differing from the state which existed at the date when the suit was instituted.
Raj Kumar Makkad
(Expert) 30 December 2013
I do agree with the advice of Arvind supported by the relevant judgments.
