A civil case in lower court has been decided and judgement been passed. The opponent has filed an appeal in district court 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 lock down 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 argument so that court do not impose status quo on property????
09 April 2020
Dear Sir, If you have not file caveat then there is no question of service of notice. The Court may pass ex parte status quo orders and if you have knowledge of such filing you may voluntarily apprear through your advocate and raise objection for passing any order which goes against you. Please CLICK LIKE and follow me.
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,
09 April 2020
1. IF I were you, THEN I would accept the Status Quo order, more so since in all probabilities, irrespective of your cogent objections /justifications /presence, the Court's usually & mechanically grant "Status Quo" order, more so since this is absolute discretion of Court (as a routine, atleast in Mumbai). Of course, you have an option of further frustrating your opponent, by subsequently getting the "Status Quo" order, duly vacated.
2. Since lower court judgment is passed in your Favor, in a way you can positively assure yourself, that the appeal Court, would usually uphold the lower court judgment. Hence you are suggested to calibrate your case and do your home work on this front.
10 April 2020
This is a procedural law that if the appellate court finds any merit in the appear on hearing the counsel for the appellant then the appeal is admitted, notice is issued to the respondent and the execution of the decree under appeal is stayed by the same order. If the winning party has already filed a Caveat then no order is passed without hearing it which is missing in the present case. However, still when the courts re-open, the counsel for the respondent may watch the hearing of the appeal and can oppose the passing of the stay order.