Status quo – order-violation and relevant legal moves
SOORAJ
(Querist) 25 May 2015
This query is : Resolved
Respected sir;
With your valuable experience and expertise kindly guide me in the problem explained hereby
Presently a stay order has been issued for a joint property by Munsiff court against the unlawful construction ;encroaching into our share ,fixation of boundaries etc. ie; TO MAINTAIN STATUS QUO TILL THE FINAL ORDER FROM HIGH COURT IN THE REGULAR SECONDS APPEAL FOR THE SAME ISSUE; OR UNTIL THE JUDGEMENT FOR THE OBJECTION SUIT ITSELF.
Munsiff has issued the order since the suit was filed by us ignorant of the seconds appeal; prior to the knowledge about the RSA at highcourt filed by the other one.
But the opponent disregarding the stay; has constantly been making great nuisance and damage ,causing immense losses for our house in we have been living for the past 20 years in the same joint plot.
He has encroached into our share far into the front of our house, building boundary bunds,mud walls etc.He has purposefully broken the overhead water tank ,breaking sewerage lines,drainage etc of our own house;.causing the life difficult for us.
The party being politically influential and the luxury of resources .the complaints filed at the local police station has been ineffective.
Kindly guide me in this issue
1. Since it has been the violation of order,wont that be a criminal offense like contempt to the court.
2. Since the damage has been done to the basic necessities the sections relevant in this scenario
3. Where is it more effective to present the issue;ie at munsiff court which has issued the stay or the high court itself.
4. Would the lokayukta or any other enterprises like human rights commission be helpful for us.
Yours faithfully
Sudhir Kumar, Advocate
(Expert) 26 May 2015
1. Since it has been the violation of order,wont that be a criminal offense like contempt to the court.
NOTHING WILL HAPPEN UNLESS YOU INFORM THE COURT OF THE VIOLATION YOU CAN CALL POLICE ON THE SPOT.
2. Since the damage has been done to the basic necessities the sections relevant in this scenario
NOT UNDERSTOOD
3. Where is it more effective to present the issue;ie at munsiff court which has issued the stay or the high court itself.
MUNSIF COURT
4. Would the lokayukta or any other enterprises like human rights commission be helpful for us.
SINCE NO PUBLIC AUTHORITY IS INVOLVED LOKAYUKTA HAS NO JURISDICTION.
THE CASE IS NOT SUITABLE TO BE TAKEN TO HUMNA RIGHTS.
Dr J C Vashista
(Expert) 27 May 2015
I fully agree and appreciate expert advise of Mr. Sudhir Kumar, no room left to add. However, for further consultancy, advise and guidance consult your lawyer.
T. Kalaiselvan, Advocate 
(Expert) 31 May 2015
I too agree with expert Mr. Sudhir Kumar's views and opinions, nothing more to add.
Rajendra K Goyal
(Expert) 02 June 2015
Agree with the advise from expert Sudhir Kumar.
Biswanath Roy
(Expert) 06 June 2015
STATUS QUO means "the situation that currently exists" that is to say the situation which was existing at the time of making order by the court. How you will prove by adducing evidence that such and such position was existing at the time of Status Quo order made by the Court which as you alleged the opponent was deliberately and wilfully violated? Have you ever filed any application in the court for appointment of a commissioner at your cost to investigate the actual injury caused by your opponent or have you ever took photographs by a commercial photographer of the illegal encroacment of your share in the property? How you will prove violation of the order was made by the opponent?
Biswanath Roy
(Expert) 06 June 2015
@ Mr. Kalaiselvan,
Don't look after the grievance superficially just to gain a point in 'Profile Visit'. Try to go to the deep of the query for appropriate advice.
SOORAJ
(Querist) 12 June 2015
Thank you sir for your response and valuable time for this regard,
Actually before issuing an injunction which later turned into the status quo, the Munsiff court has closely examined the site by an appointed commissioner.He has provided a detailed report on the land including the boundaries which existed then,building,stocked construction materials,trees cut down beyond the limits (as specified in the district court order) etc along with a hand sketch of the land and the major landmarks etc.
Biswanath Roy
(Expert) 12 June 2015
IF THE OPPONENT WILFULLY AND DELIBERATELY ACTED IN DEFIANCE TO THE STATUS QUO ORDER OF THE COURT IT WILL AMOUNT TO CONTEMPT OF THAT COURT PROVIDED THE ORDER OF STATUS QUO MUST BE WITHIN THE KNOWLEDGE OF THE ALLEGED OFFENDER AND HE MUST KNOW ENGLISH. In a contempt matter your role is merely AN INFORMANT to the Court but not as a Party.
Being it a civil matter CIVIL CONTEMPT shall lie.
SOORAJ
(Querist) 14 June 2015
The court has send its messenger to issue the injunction notice to the offender (respondent in the case).
He is very much informed about the status quo; but he plays completely ignorant and innocent game;also he may play illiterate (No knowledge of English) etc.
With the local law enforcement support and his influence he is such a headache.
i request you to Kindly let me know about the advanced legal tactics(moves,process of producing evidences to prove him guilty) to be adopted specifically for this issue for effective justice to be served.
Biswanath Roy
(Expert) 14 June 2015
If at the time of injunction petition hearing his lawyer was present in the court , the same shall treated as 'within his knowledge' but if the injunction order was made ex-parte in that event the opponent may depose he had no knowledge about the injunction order.
T. Kalaiselvan, Advocate
(Expert) 14 June 2015
Respected Roy Sir, shall follow your advise meticulously henceforth, thank you for correcting me. I feel blessed when you pull me up.
