• Regards to status quo on possession

This was second appeal IA PRAYER by the Aggrieved party in appealate suit and original suit.
to grant adinterim injunction, restraining the 1st respondent/defendant herein, his men, agents, attorney holders and representatives etc , from interfering with the petitioner/appellants peaceful possession and enjoyment over the item No 2 of suit schedule property in OS No *** of 2002 on the file of the Principal Junior Civil Judge, ponnuru pending disposal of the appeal, and pass

To the above prayer the honorable high court judge passed an order status quo on possession post after vacation.

Physically the land 3 ACRES was in our possession with small room, fencing, gate and lock with recorded evidence in news paper publication, photos, earth movers receipts etc.. before the order passed date.
The first appealate court passed a decree by confirming the right and title of trail court in the favour to us.

Now, what is meant status of quo regards to possession? 
Can we do any activities like plantation, drilling borewell?
What might be the role of plaintiff?
Can we apply for revenue records?
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

You cannot carry on drillingbore well in the premises 

 

staus quo order in law means that court has ordered that the present condition be maintained and no change etc. be done.

 

Dont apply for mutation in revenue records 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

status quo refers to the position in which the present property is and bears.  If in the present state plantation,  drilling etc is done then you can else not. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Status quo means the possession as on date shall remain with the same person who is holding it though In my view they have falsely stated before court that they have possession of property.

Yes if order is of status quo you can .

You cannot apply for revenue records neither transfer it.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Status quo order means that the property is to be kept in its present position and no changes in the nature and status can be made.

Yes the activities you have mentioned is not prohibited

Plaintiff will also not make a any activity in the suit land.

Yes , application for recording names in the revenue records can be made.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It means that court has ordered that the present condition be maintained and no change etc. be done. If there will be any alteration or change in the property after the order of status quo then contempt of court proceedings can be initiated.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear sir

Status quo of possession means 

Until the case is disposed the possession of the land will remain with the present party who have possession currently and you can do plantation or whatever you want to do till you have the possession but don't go for major change or investment on the land till the case is disposed off. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You sought an injunction against the defendants, whereas the court passed an order of status quo i.e., the properties to remain in the same status as it was before this order, this may not be an injunction against the defendants from interfering in your possession and enjoyment but since the property shall remain in the same status, they cannot interfere in your possession till the disposal of the suit, this may not entitle you to continue with the activities as desired by you, if the defendant is filing an application for contempt of court agaisnt you for carrying out the activities as you said, then you may be held liable for the consequences in that respect.

Better you remain silent and be contented that the defendants cannot enter into your properties.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Status quo mean same situation shall be maintain as was while ordering status quo.

Yes, that is not denied. plantation, drilling borewell, but major alteration and suit is of declaration than status quo mean no alienation.

Revenue records for what ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

The presumption goes to show that you are in physical possession of the property but since there is status quo order you cannot proceed with live activities as detailed above without the specific permission of the Court. You may get enter the status quo order in the revenue records.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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