- Since, the lease was already expired at the time of sealing the property , then the said tenant has no right to stay in that house after de-ceiling the same. 

- Further , it is mandatory to terminate the tenancy after sending a legal notice 

- If you have already sent him the notice of termination before filing the petition the court , then he cannot take possession of the tenanted premises. 

- You should take into your possession of the said property at the time de-ceiling by the court. 

- Further , the stay order /status quo order will not be violated  , when you will take the possession 

Status quo is in your favour 

2!) tenant cannot take hostile possession of property as lease period has expired 

The status quo order means the same position to be maintained as it was prior to passing the orders.

He canot enter into the property during the operation of this order, failing which he will be termed to have committed an act of contempt of court order.

You can file a contempt of court order against him and for possession  at that time if this happens.

Yes order of court to maintain status quo is in your favour. Now tenant cannot enter. Just file a complaint with police with order if court against ex-tenant and also seek protection from ex-tenant and his goons etc. As such there is no hostile possession in law. If tenant enter the premises, then it would be trespassing, criminsl intimidation, contempt of court etc. 

You being the owner of property the status quo is against you as you are prevented from enjoying the property. Approach higher Court against order of status quo. Tenant has no right to take possession of property as after expiry of lease, he is stranger to the property. Any attempt by him will amount offence  of criminal trespass in to  property.

Dear Client,

Once the lease had already expired at the time of sealing the property, it is evident that the tenant has no legal right to continue occupying the house after the sealing process. Additionally, it is essential to serve a legal notice to terminate the tenancy, which is a mandatory step in such cases. By sending the notice of termination prior to filing the petition with the court, the tenant is prevented from taking possession of the premises. Thus, when the court de-seals the property, it becomes necessary for you to assume possession of the said property. It is important to note that taking possession in this manner does not violate the stay order or status quo order.

You have to keep the property as it was on the date of passing of the order.

status quo order will restrain tenant from taking forcible possession of property 

After getting vacated by the police and municipal corporation officials the premises might be under your possession. Since tenancy has also already expired hence tenant donot have any right. So after desealing as property vest with you hence there is no hurdel if you enter into property. However, exact position can be ascertained after examining pleadings of parties and court orders.

Neither you can take possession nor he due to status quo order pending against the property. 

Both can be termed as contempt of court. 

After the police and municipal corporation officials vacate the premises, you may take possession of it. The tenant no longer has any rights since the tenancy has expired. The property now vests with you, so there is no obstacle to entering the property. However, the exact situation can only be determined after examining the pleadings of the parties and court orders.

i dont understand why such orders are passed and what purpose it serves

it seems that the Judge has passed this order because even when the lease determined the tenant was still in occupation of the premises and the premises was taken over by the Municipal Corporation by removing the tenant

so he is a tenant holding over 

you did not take any steps to take back the possession of the shop from the tenant when the lease got terminated by efflux time

this is evident from the fact that for a good three months after determination of the lease by efflux of time, the tenant was still using the shop

so he is claiming a month to month lease i.e. a lease renewable every month which does not require compulsory registration 

whatever it is i really dont know what the status quo order serves

once the property is desealed the Corporation will hand over the possession to you 

once you are in possession then the tenant will have to take out proceedings to recover possession from you on the ground of there being monthly lease 

and this is an ex parte order

so you will have to follow the cpc (Order 39) as applicable to J&K

the ex parte order has to be notified to the defendant and thereafter your motion will be heard finally by considering the say of the defendant 

so the final order in your motion will merge in it the ex parte order

so my view is that if you go to the HC then it might ask you to comply with order 39 procedure and require your motion to be heard finally by the trial court 

so tell your lawyer to do the requisite compliance and have the motion [filed in your suit] heard finally 

- Since, at the time of passing the status quo order , the property was sealed , and then where this order will be applied 

- Status quo means that both party will not disturb the status of the property , but the property was not in your possession due to sealing , and even the tenant was not in the possession of the tenanted premises. 

- Hence, as the tenant has already vacated the premises , then this order will not work in his favor. 

He can’t take hostile possession you can file eviction suit against him and seek injunction