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Krishna Kolhapuri   24 January 2025

Can injunction order over ride status quo

My father got alloted a plot in 2003 from a Co-operative society. In 2006, he constructed a 10 x 10 shed and took a power connection. He got the katha in 2006 and has been paying the tax. In 2013, the sons of landlord filed a petition including the entire Survey no 'X'. on landlord (Father), their uncles and the Society that alloted sites to its members. None of the site owners were made party at that time. They filed a partition suit alleging that their father sold the land, the society cheated them and made further allegations. After two years, the court granted temporary injunction to them and they started interfering in the peacful possession of members property and harrassing them. Eventually, the site owners starting impleeding in the case. However, my father filed a petition directly on the petitioners (Sons of landlord) and respondants (Landlord & Society) of the above case. The society appeared before the court and cited that its the responsibility of the plot owner to safegaurd the land and they don't have any objection, however, none of landlords and their sons didn't appear and the court placed them ex-parte. In 2017, the court decreed the case in my dad's favour and granted permanent injunction for our site. However, in the former case, in 2019, the court ordered Status quo on the entire survey no 'X' and eventually, my father also got impleeded in the above case. 

Also, at the time of registration, the society registerd the plot in one survey no. 'Y' and my dad got it corrected from the society in 2018 through rectification deed.

Now, can the injunction order that we obtained for our plot has any power to override the Status quo ordered on the entire survey no. 'X'?

Thanks,

Krishna



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     24 January 2025

You have to challenge the status quo order that was passed for the entire property under survey No. X on the basis of the court judgment granting you permanent injunction against them in a different suit pertaining to the same property and get the status quo order vacated .

You may note that the permanent injunction order was passed in another suit and the status quo order is passed in a different suit.

Hence you may have to challenge the aggrieved order on merits only


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