Status Quo

Guest (Querist) 12 July 2009 This query is : Resolved

In a suit for partition the petitioner sought for permanent as well as temporary injunction... the court ordered "both the parties shall maintain status quo"

The defendant does not want to vacate the order as he is having full possession over the entire property.. instead he wants me to file written objection to the interim petition but pray to the court that the order "both the parties shall maintain status quo" to be continued till disposal of the main suit.
What shall I do?

Follow Query

Report Abuse

G. ARAVINTHAN (Expert) 12 July 2009
You can very well can file an application for vacating the interim order due to change of circumstances, if any.

PALNITKAR V.V. (Expert) 12 July 2009
if appeal period is not over, you may file appeal. By the way, for a better solution, it would be better if you can state what is the dispute, what relief is sought and how you are affected by the status quo order.

Kiran Kumar (Expert) 12 July 2009
sorry dear, ur query is a bit confusing....how a defendant can compel u any such kind of application/ objection?

was it ur case?

if at ur petition and prayer the Ld. court granted the status quo then certainly the things will remain as it is till the existance of orders for status quo.

if the defendant is in possession then he will stay over there till the interim order is in operation......any attempt to throw him out will invite contempt proceedings.

however, after the service of notice on defendant, when the matter comes up for arguments on interim application....if u need according to circumstances, u may not press for it.

Guest (Querist) 12 July 2009
Veryy sorryyyy ..I forget to mention.. I am for the defendant..wants me to file written objection to the interim petition but pray to the court that the order "both the parties shall maintain status quo" to be continued till disposal of the main suit.
My Question is can I file Written objection to the interim petition with pray for not vacating the status quo order till end of the main suit?

M. PIRAVI PERUMAL (Expert) 12 July 2009
Well you dont file an counter . . . court will automatically allow the said petition . . . any how you want the court to allow the petition isnt it

Guest (Querist) 12 July 2009
Yes but whether there is any need to deny specifically...the statement/allegation of petitioner in that petition .. like... defendant is creating disturbance...etc..
I think those allegation should be denied as the actual fact is just opposite.

Y V Vishweshwar Rao (Expert) 12 July 2009
you can submit the actual facts and deny the false allegations of petitioner and You plead that your clint /Defendnat is in possession even prior to the date of suit and he will abide by the orders of the Court to maintain the status quo til the fianl disposal of the suit - there is no loss to him /Deft .

Guest (Querist) 13 July 2009
Thanks Rao

RAKHI BUDHIRAJA ADVOCATE (Expert) 13 July 2009
Mr. Rao is perfectly right.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries