Partition suit
Vikash Singhania
(Querist) 11 January 2012
This query is : Resolved
Dear Sir,
a title suit was filed in 2009 for partition of property along with injunction application. In that case status quo is granted by the Ld. judge depriving the defendents from any use of the property till the disposal of the suit in feb 2010. Now the current situation is that the suit is ready for evidence and prematry hearing from last three dates. but on every date plaintiff advocate take adjournment on the ground of plaintiff illness. plaintiff have no claim, right or interest in property. we want to vacate the status order from the property.pls guide me.
Thanking you
ajay sethi
(Expert) 11 January 2012
draw attention of the court for frivolous adjournments been taken by plaintiff . request court to give plaintiffs last chance on payment of costs .
is the plaintiff serious? a ny medical certifcate produced
Devajyoti Barman
(Expert) 11 January 2012
If the defendant has been getting deprived due to protraction of the litigation then they could file application in the High Court for appropriate direction upon the trial court to dispose of the suit within a prescribed time limit.
Rajeev Kumar
(Expert) 11 January 2012
Yes both the experts have rightly advised
Raj Kumar Makkad
(Expert) 11 January 2012
Status quo is not an order to restrain any party to continue to use it. You have wrongly interpreted it. The defendants are free to use as such as status quo is an order requiring the maintain same situation as was prevalent at the time of filing the suit.
So far delay in the disposal of the case is concerned, you can validly pray before the court to close the evidence of the plaintiff as he has already availed 3 effective opportunities for this purpose. I think court may grant him last opportunity to close otherwise his evidence shall be treated as closed on the next date of hearing.
prabhakar singh
(Expert) 12 January 2012
If you can prove that plaintiff is not ill and grounds of adjournments are wrong with motive to prolong the suit,you can move for vacating the order of status Quo,otherwise it is hard to vacate it at this stage of the suit.
