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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



 4 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

1 Like

Dr. J C Vashista (Advocate )     25 January 2025

As per facts posted you have not clarified as to whether the titleholder of subject land was the 'Society" or 'landlord" .

Who have sought temporary injunction and what is the order in the suit, what is the relief sought there in the main suit where temporary injunction is stated to have been granted ?

How was a subsequent suit maintainable where it is stated to have been ordered to maintain "status quo" ? 

What is your locus standi to the case ?

The facts posted are vague and not clear.

 

P. Venu (Advocate)     26 January 2025

"petition directly on the petitioners (Sons of landlord) and respondants (Landlord & Society) of the above case"

What type of petition? Which Court it was filed? Was it the same court where the partition suit was filed ? Has the fact of pending partition suit stated in the alleged petition?

Krishna Kolhapuri   27 January 2025

Thanks, for the replies.

As per facts posted you have not clarified as to whether the titleholder of subject land was the 'Society" or 'landlord".

Ans:The present title holder is Society as per the encumberance/Mutation/RTC. The landlords sold to the society and its coming in the mution.

 

 Who have sought temporary injunction and what is the order in the suit. 

Ans: The sons of landlord have sought temporary injunction. The order stated "The Society's workmen,contractors and persons are restrained from laying foundation stone or constructing or putting any structures."

what is the relief sought there in the main suit where temporary injunction is stated to have been granted ? "They have applied for partition suite".

How was a subsequent suit maintainable where it is stated to have been ordered to maintain "status quo" ? The court ordered status quo as many site allottees started impleding in the case due to harassment my landlords after getting temorary injunction.

 What is your locus standi to the case ? We impleded to the case eventhough we were not the party inorder to save our plot.



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