Hello,
A brief summary ...
Civil Matter : i am the plaintiff.
A civil matter going on in a civil court (Tribunal) ... certain orders have been passed on our interim applications(in this case application to grant of status quo) the same is granted and both parties are instructed to maintain the same until the disposal of the case.
the defendants however have appealed this matter at our Bangalore High Court on the matter of jurisdiction of the tribunal seeking the same be transferred to the civil court and the matter is yet to come up for hearing, however while admitting the same the HC has instructed a stay on the proceedings of the lower court until it hears the same.
Now the defendants have started meddling with the suit scheduled property and trying to develop it assuming the Status Quo of the lower court(tribunal) as having been rendered invalid as a result of the stay of proceedings.
I have however filed a contempt proceeding at the tribunal and the defendants claim the same can't be done as the proceedings have been stayed. As you can understand trying to modify a suit scheduled property especially when there is a 'status quo' order on the same qualify's as an URGENT AND EMERGENCY SITUATION and with HC order still not being put up the only avenue of law available for me is the Tribunal.
I know the Tribunal/Lower court has ample powers to hear and decide my matter given its URGENCY & NATURE ... i would greatly appriciate if your fraterntiy COULD help on this matter.
I know that there are 2 cases which serve as precedence in my case one of which is adjudicated by the "Honorable High Court of Karnataka (Bangalore)".
Can any of you point me towards any one of these 2 cases or may be both ?
thanks for looking/trying
