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Sameer Kanojia (Accountant Assistant)     16 September 2013

Status quo

If a case is been transferred from high court to city civil court, and in the transfer process if defendant demolish the exisisting structre and construct on the premises against which suit is pending. and no hearing is taken place till then. can it be considered of non maintenenace of status quo.

 

 

 



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 3 Replies

shanmugam lakshmanan (senior)     16 September 2013

Dear friend, your query needs clarification- whether any court has passed an order of status quo to be maintained? If any court below or High court has passed an order of status quo you can proceed under order 39 Rule 2 A of civil procedure code.  If not, doctrine of 'lis pendence" will apply and  any improvement/construction made will be subject to the Decree of the suit.

Sameer Kanojia (Accountant Assistant)     17 September 2013

Sir,

defendants started construction in the month of Dec 12 and the hearing date for the suit in the city civil court was fixed at 13th march 13.  Till then in the entire process of transaction we lodged the complaint in municipal office but defendants bribed the municipal officers and constructed the structure.

Now what can be done should all the complaints lodged in the office of BMC Officials be filed in court as a proof of evidence.

 

Thanks for your valuable suggestion and kind gesture.

shanmugam lakshmanan (senior)     18 September 2013

Dear Sameer, my earlier answer still holds good - you may get remedy for damages if you are entitled - pl get proper advice from your local advocate - good luck.


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