Meaning of stay status quo
We are four brothers and two sister’s . our brothers sold our late father own house without informing both of us. As soon as we came to know the situation we file the case against them and got the stay status quo from the Delhi high court CS(OS) 718/2014 . Despite of getting the stay order builder demolish the entire building which we believe contemned of high court order and later constructed four floors on the same property, and further we came to know he has sold two floors of the same property. please confirm legal meaning of the stay for us. And how do we proceed further. Shashi saxena & madhu saxena.
Asked 3 years ago in Property Law from Delhi, Delhi
1)on demise of your father you had 1/6th share in your father property
2) your brothers could not have sold father house without consent of the sisters .
3) if you had filed suit for setting aside sale deed and made brothers , builders party to the suit and stay was granted by court builder could not have demolished house and constructed building .
4) take out contempt of court proceedings against the builder .in the high court
5) also take out interim application in suit restraining builder from selling flats in building .
6) write to municipal corporation informing them of say granted by court and not to grant occupation certificate to the building constructed by builder
Hi, status quo means as on the date of the suit both the parties maintain the suit schedule property as it is.
2. if they alter or modified the building inspite of the Status quo order it amounts to contempt.
1. What was the nature and ambit of the stay order issued by the High Court?
2. When the house was sold by your brothers before the filing of the case then you were required to challenge the sale instead of seeking a mere stay. The sale deed, if executed in favour of the builder, had to be assailed before the court.
3. Without perusing the stay order it is not possible to say whether the builder has committed contempt of court or not.
4. Four floors cannot be constructed overnight. It must have taken some months, to say the least, for the builder to demolish the building and construct four floors thereon. Why did you not seek the intervention of the court when the builder commenced the construction?
1. Stayt order means there will be no further act in connection with the said property till the Court so decides,
2. Had you sent the copy of the stay order to the local lpolice station?
3. File a police complaint now for not complying with the stay order,
4. File a contempt petition before the same court against the builder and pray for direction to cancell the registration of sale of the said two floors.
ex-partie Interim injunction would have been granted in the beginning and orders would have been modified subsequently on the application of bonafide purchasers. Exact orders of the court only can suggest further course of action.
Advocate, New Delhi
A. it means a "stay". the both parties (Plaintiff and defendants) are required to maintain the present situation without making any changes or alienations etc. And
Stay order means; that the order which has been stayed would not be operative from the date of the passing of the stay order and it does not mean that the said order has been wiped out of existence. Application can be moved to the appropriate court seeking restraint oder/Injunction against some act or omission.
B. In the given case, you have to file a contempt of court proceeding against your builder who has violated the Court orders.
C. Register the FIR against the builder and file an application before the court under the Section 151 of C.P.C for restoring the earlier position.