Can court impose status quo in absence of respondent?
Supreet singh
(Querist) 09 April 2020
This query is : Resolved
Hello dear lawyers,
A civil case in lower court has been decided and judgement
been passed.
The opponent has filed an appeal in district along with
application for staying the operation of lower court
Due to corona we have not got the notice and the next date
is after lockdown is over (when court resumes).
My Question is-
The opponent will try to get status quo in our absence.
1. Is it legal/illegal as per law to give status quo
if the respondent has not received any notice?
2. What should we do, should we wait for notice or
we should not wait for notice and appear in court
and do arguement so that court do not impose
status quo on property????
What should i do?
P. Venu
(Expert) 09 April 2020
Yes, the court can order for maintaining status quo, ex-part. If the case has been filed, you verify the present status through e-court.
Rajendra K Goyal
(Expert) 09 April 2020
You asked:
1. Is it legal/illegal as per law to give status quo if the respondent has not received any notice?
Reply:
If satisfied, Court can give temporary / otherwise stay on orders implementation of lower court orders without hearing the respondents. Permanent orders after appearance of respondents if stayed temporary.
You asked:
2. What should we do, should we wait for notice or we should not wait for notice and appear in court and do arguement so that court do not impose status quo on property????
Reply:
You can appear and argue / argue through your lawyer on next date. Discuss with your lawyer,
Raj Kumar Makkad
(Expert) 09 April 2020
1. Yes, it is not only legal but also procedural. Generally rial court judgment gets stayed if the appellate court prima-facie is satisfied with the the grounds of the appeal.
2. You should filed Caveat son after the judgment of the trial court so that you may have been heard before passing any order of stay or admission of the appeal etc. BUT that opportunity is not available for you. When Court are closed, how can the appellant get the relief of stay order which you anticipate?
If you think that when the courts shall re-open, the appellant shall press for the stay of the implementation of the decree under appeal then you are advised to watch the hearing of the appeal through your lawyer and immediately appear without any notice and oppose the stay order.
Rajendra K Goyal
(Expert) 10 April 2020
Query repeated at:
https://www.lawyersclubindia.com/experts/can-court-impose-status-quo-in-absence-of-respondent--718066.asp
T. Kalaiselvan, Advocate
(Expert) 10 April 2020
Once the court has ordered to issue notice to the respondent, then the court will await the respondent to appear before the court and file his/her counter to the petition seeking injunction or status quo application.
The court will pass any order only after hearing both the sides.
T. Kalaiselvan, Advocate
(Expert) 10 April 2020
You may wait for the notice to be served on you to file your counter or if you know the next date of hearing then you can appear before court with or without your advocate and can record your objection to the application seeking stay of the trial court order and seek time for filing the counter after receiving the copy of the application filed by the appellant.
T. Kalaiselvan, Advocate
(Expert) 10 April 2020
The author has mentioned that he is yet to receive the notice, it means the court has not passed any exparte status quo order yet on the application and it can be understood that the said application is kept pending after issuing notice to the respondent.
I think the experts above may not have noticed the question properly.
The author has not asked whether court can pass an exparte order, he has enquired that whether court can pass an order without hearing the respondent after issuing notice to the respondent and before the notice is served on the respondent.
Dr J C Vashista
(Expert) 14 April 2020
Do you expect reply of experts shall change in repeating same query ?
Is it not absurd and ridiculous to repeat same story time and again ?
Dr J C Vashista
(Expert) 14 April 2020
You have already engaged / paid an able, competent and intelligent lawyer who is well aware about the facts/ records/ evidence / judgment what is his / her opinion and advise? Proceed accordingly, if you have faith in your lawyer otherwise change him/ /her immediately.
Raj Kumar Makkad
(Expert) 14 April 2020
People do post their query here despite of engagement of their own lawyer just to know the second thought or to confirm the advice of their own lawyer. Such type of authors shall get nothing but a confusion as various experts hre may reflect contradictory opinion which shall upset the mind of the authors so better to have full faith in their own lawyer duly engaged.
P. Venu
(Expert) 15 April 2020
It is impossible that, given the present state of legal professionalism in our country, the citizen cannot be insisted have absolute or unqualified faith and trust in the lawyer engaged by him/her. There certainly are situations where the advocates turn out to be less than professional. And in such situations, online legal platform should be in a position to provide real succor to the needy.
