• Status quo

Sir
We have got Statusquo order towards case filed by mother on her fathers property(her father passed in year 1968),and two IA s are pending within the suit filed as they tried to sell.Can our opposite party approach high court and get order for vacating Statusquo?.In advance what should we do to protect Statusquo order?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

Appeal can be filed against trial court order for maintenance of status quo

2) HC would be reluctant to vacate status quo order

3) file caveat before HC so that no orders are passed without hearing you

Ajay Sethi
Advocate, Mumbai
94689 Answers
7527 Consultations

5.0 on 5.0

1) you have to file caveat in HC so that in case defendants file appeal in HC you would be issued notice before any interim reliefs are granted

2) it is doubtful they would get relief frimHC

Ajay Sethi
Advocate, Mumbai
94689 Answers
7527 Consultations

5.0 on 5.0

We have got Statusquo order towards case filed by mother on her fathers property(her father passed in year 1968),and two IA s are pending within the suit filed as they tried to sell.Can our opposite party approach high court and get order for vacating Statusquo?.In advance what should we do to protect Statusquo order?

If you apprehend that the opposite party is trying to get the status quo order vacated, you may file a caveat petition before the same high court against this mentioning the schedule of property as well as the order passed by the trial court in respect of this property.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

forgot to mention previously,We have got exparty-Statusquo order towards case filed by mother on her fathers property(her father passed in year 1968),and two IA s are pending within the suit filed as they tried to sell.Can our opposite party approach high court and get order for vacating exparty- Statusquo?.In advance what should we do to protect exparty - Statusquo order?can they get any relief from high court.

The opposite party need not approach high court to vacate the exparte status quo order of the trial court.

They may file a petition to set aside the order before the same court under the respective provision of CPC or may even file a petition to vacate the order under provisions of law.

If you still apprehend that the opposite party may approach high court for seeking this relief, you may file a caveat petition in advance before the high court.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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