Sirs, The Plainitff filed suit for injunction and declaration and filed Plaint along with ExhIbit-5 and Notice and papers were served to Defendant but even after lapse of 75 days Defendant did not file SAY / REPLY/ Written Statement Therefore Plaintiff filed Application to grant status quo order and Court was pleased to grant Status Quo Order till next date . On next date Defendant filed common "SAY" to Plaint and Exh-5 Plaintiff filed Application to extend Status Quo which was objected by Defendant by saying that he has filed SAY and ready to argue BUT status Quo Order was extended till next date Then on next date Plaintiff filed 'Rejoinder' to SAY filed by Defendant And Plaintiff also filed Application to extend Status Quo which was again objected by Deft by saying that he is ready to argue and Court asked Plaintiff to argue otherwise will vacate Status Quo Order Plaintiff immediately on same day filed Written Arguments And status Quo Order was extended till next date On Next date Defendant filed Application U/O. 6 R 17 for amendment in 'SAY' filed by him and Court adjourned matter for "Other Side To Say" Plaintiff filed Application to extend Status Quo Order which was not objected by Defendant and Status Quo Order was extended till next date. On Next date Plaintiff filed Reply to Application U/O. 6 R17 filed by Deft. And Plaintiff also filed Application to extend Status Quo which was again objected by Defendant by saying that he is ready to argue and hence Court asked Plaintiff to argue otherwise will vacate Status Quo Order Plaintiff filed Written Arguments on same day And Court extended status quo Order till next date as a last chance Question Why status quo order was extended till next date “as a last chance” What after Next date What Plaintiff must do ……. Please Guide HARIOM
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Plaintiff must argue his case on next date so that court can after hearing both parties pass detailed order on interim application
2) if he does not want to argue can take the plea that he has tendered written arguments and court can pass orders on interim reliefs prayed for
See after that court will hear exh. 5 and based on same it will grant or reject the interim stay pending the suit as prayed below exhibit 5. So plaintiff shall argue exh. 5 after that.
Is it ad interim stay which is extended till argument on stay application. Now on next day court will order on stay application either to grant interim stay till final disposal of case or will grant no stay.
Status quo mean actual position should be maintain till actual order pass on application of stay.
After arguments court will decide whether to grant status quo or vacate the order
1. The passing of any order as ' last chance is often routine so as to pressurise the party to comply with the earlier direction passed by the court.
2. So do not read the order literally nor ignore it wholly.
3. on the next date start the argument of injunction petition and do not finish it on the ground that the court has not allowed whether amendment of the say of the defendant would be allowed or not.
4. Technically or otherwise the court can not proceed to hear the injunction petition unless and until it first passes an order on amendment of the objection f the defendant against your injunction petition.
Sir ji ok. Who stopped Court to not to extend Status Quo Order on Next Date if Court finds it unreasonable for any reason But without revealing any reason, passing such Order that Status Quo Order is extended as a last Chance ends further extension of Status Quo Order particulalry in following situation Suppose for any reason if Court is absent on Next Date then what will be position of Plaintiff Plaintiff can argue Exhibit-5 but before whom and he can also make application for further extension of Status Quo Order but before whom (before Incharge Judge?) Whether, in such circumstances, the Incharge Judge will hear arguments on Exh-5 and pass Order thereon and further Whether Incharge Judge can set aside Regular Judge's Order and extend Status Quo If iNCHARGE JUDGE will hear arguments on Exhibit 5 and pass Order thereon OR he will extend status Quo Order then Okay Otherwise protection of Status Quo Order will be vacated till new protection is again granted in any way And during that period, this may turn into an opportunity to the Defendant Builder to alienate suit Flats without being guilty of contempt What is perefect remedy please Guide HARIOM
If court is absent you can make application for extension of status quo order before in Charge judge
If the presiding officer of court remains absent then the order of status quo would be extended automatically if you file petition for extension of the same.
Court in charge generally does not hear argument on regular matter.
Yes if the court is not there then extension application can be made before the court in charge of that board on that particular day. The Incharge court can extend till next date it can hear arguments also but in general practice it will just extend status quo order and give date.
Yes in charge judge can hear the petition and pass orders but mostly he will give a date to decide ggd same by main court. The status quo will be extended till next date if judge absent
It's obvious that a status quo order cannot be continued indefinitely
You can just have final hearing on the motion instead of being at the mercy of an ad interim order
Depending on the outcome of your motion, you can decide next steps
Alternatively let the judge vacate the status quo order so that you can file an appeal from order for continuation of ad interim relief by appeal court
If appeal court is not inclined to extend the ad interim relief of status quo then you can atleast take directions from appeal court to trial court to dispose of the motion within a given time
This is the best remedy
1. It is not clear why the court wrote last chance as a condition precedent to the extension of status quo order.
2. Unless the order is perused it is difficult to say what the court has given last chance for.
3. If the judge is on leave on the next date of hearing then status quo order will be extended.
4. Better consult a lawyer with the certified copies of all the orders passed by the court till date,
Court absent - automatic extension.
Substituted judge will only extend the order till next date.
Status quo order is not an order of injunction, however it may serve as an injunction till such time.
The court has extended the order as a last chance since it is awaiting the defendant to present his arguments in this regard.
You dont worry about it but be prepared with an application seeking extension of status quo order on that date of hearing also.
Let the plaintiff be prepared for the routine hearing as per the current status and do nothing extra ordinary on that date of hearing.
You should not be bothered about the judge on leave or on OD on the next date of hearing.
you may file the petition seeking extension of status quo order as usual and get it recorded by the clerk who deals with the case on that date, ensure the recording of the petition because the in charge judge may not be able to extend the status quo order, hence that will be automatically extended by the court by the regular judge on his return till the next date of hearing.
My question is that why dont you put pressure on getting an injunction on the court instead of relying on the status quo order alone.
