OS (ORIGINAL SUIT)

Querist : Anonymous (Querist) 02 May 2011 This query is : Resolved
If a petitoner files an os before the junior civil judge by hiding the fact that the matter is pending in the high court and that a contempt case is also pending in the high court and obtains an ad interim relief which was expunged latter when the respondents brought this to the notice of the junior civil judge.
Can the petitioner seek a status quo from the Addl. Chief Judge by stating in their CMA that the Junior Civil Judge has expunged their stay arbitarly and they did intentionaly hide the fact.

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Guest (Expert) 02 May 2011
The petitioner cannot be barred from seeking a status quo. But, he will have to prove that he did not hide the fact intentionally.

adv. rajeev ( rajoo ) (Expert) 02 May 2011
When writ is pending he could have sought the relief there only. If he files an appeal before the appellate court the fate of the case is same like what happened in the junior court.

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