Status-quo orders by civil court
B Singh
(Querist) 28 January 2013
This query is : Resolved
My brother had filed civil suit permanent injuction in the civil court. The court had ordered to keep the property in-dispute intact and directed both the parties to maintain status-quo regarding alienation and possession over property in dispute till final disposal of the suit. The court also observed that that as per revenue record of jamabandi plaintiffs and defendant are shown as co-owners of property in dispute. My query is that after this order also my brother does not allow me to enter the said property i.e. in the house and also occupied my room and rather threads me not to enter the house and taken over possession forcefully. Whereas as per all government documents like ration card etc. my address is shown in this house. Kindly advice me that can I file contempt of court against my brother for not allowing me to enter my room since the court has told that both the parties are co-owners. Please advice.
Raj Kumar Makkad
(Expert) 28 January 2013
In the given case, you have no other option but to file a contempt of court proceeding against your brother who has defied the order maintaining status quo over the suit property.
Devajyoti Barman
(Expert) 28 January 2013
File an application in the said suit to vacate the interim order on the basis of documents you just mentioned.
R.K Nanda
(Expert) 28 January 2013
yes, file contempt of court application in court.
Advocate Bhartesh goyal
(Expert) 29 January 2013
As both of you are co-owner of questioned property and the court has passed the order to maintain status quo to both of you,if your brother fails to obey the order of court you should file contempt petition against him.
RAJU O.F.,
(Expert) 29 January 2013
Even though the documents are for joint ownership, if you were not occupying the room mentioned by you, prior to the status-quo order, then you cannot enter the room as the compliance of the status quo order. Take steps to get order for entry to the said order, during the pendency of the case.
prabhakar singh
(Expert) 29 January 2013
Again same and that is Mr. B singh!
Same query with a little more revelation.
Why you feel shy in telling all in all in one stroke in one thread.
Any way first file an FIR with police that you have been thrown out by your brother which you co own and possess after courts' injunction order.Then file an application under section 151 to restore you back in possession corroborating the facts stated in FIR and in addition file also contempt proceedings.Maintain every where that you were in co-possession of disputed property all before the date of the suit was filed and status quo order was passed.
B Singh
(Querist) 03 February 2013
My advocate does not show interest in filling application u/s 151 nor contempt of court. He replies that I can take police help to get me in the house. But I prepare if court orders are passed as I am co-owner and have equal right over my parents property inherited and as directed by court in status quo also. Please advice that do I need to approach the High Court in this matter so that my brother do not stop me to enter in the inherited property.
