jurisdication of lower courts
Querist :
Anonymous
(Querist) 04 August 2010
This query is : Resolved
When a case is pending in the high court can the defendant go to lower court and ask for an injection or status qo.
S. Bharath
(Expert) 04 August 2010
Query is too general for the members to answer. Please spell out more details. Though in general he cannot approach another court, there are certain factual criteria which have to be looked into, before answering the query.
Querist :
Anonymous
(Querist) 04 August 2010
In brief, one of the flat owners who have a duplex house in our apartments have been encroaching into the common area by extending their duplex house into the common area and our pleas to ghmc to stop the work did not work, so, we approached the high court for demolition which issued an interim order not to further construct untill disposal of case.
As they have been still constructing we put in a contempt case against the party and ghmc for not stopping the work. The ghmc issued a notice to the party u/s 636 for demolition, but they approached the junior civil judge,city civil court against the ghmc and obtained an injection. the ghmc put in a counter and got the stay vacated.And further in their reply to the contempt case against the ghmc they have put in as they have got the stay vacated they would immediatley start demolishing.
But, even that was not done as the party has challenged the dismissal order at the hon'ble addl chief judge who has given a status quo.
When the case is pending int he high court can the party go to the lower court seeking justice?
s.subramanian
(Expert) 04 August 2010
no. it is sheer contempt of high court. when the matter is pending before the high court the subordinate courts cannot pass any such order. you can implead the subordinate judge also in the contempt proceedings.
Querist :
Anonymous
(Querist) 04 August 2010
can any action be taken against the ghmc for its negligence to get the status quo vacated?
Devajyoti Barman
(Expert) 05 August 2010
No, the order passed by the chief judge is likely to be set aside when the pendency of the case in the high court would be drawn to its notice.
Querist :
Anonymous
(Querist) 05 August 2010
can the addl chief judge extend the staus quo, as the cc is still pending and the next hearing of the addl chief judge falls before the cc?
Querist :
Anonymous
(Querist) 07 August 2010
can the addl chief judge extend the staus quo, as the cc is still pending and the next hearing of the addl chief judge falls before the cc?
what should we do if the staus quo is extended? the ghmc people tell that they have already put in a counter stating that the matter is pending in the high court even then the status quo was given.
Sir,
I have been waiting for suggestions for the above, further the case is being postponed for the past five hearings (pnr)
Querist :
Anonymous
(Querist) 18 September 2010
can the addl chief judge extend the staus quo, as the cc is still pending and the next hearing of the addl chief judge falls before the cc?
what should we do if the staus quo is extended? the ghmc people tell that they have already put in a counter stating that the matter is pending in the high court even then the status quo was given.
Sir,
I have been waiting for suggestions for the above, further the case is being postponed for the past five hearings (pnr)
