Status quo ante

Shumaila Altaf (Querist) 12 May 2013 This query is : Resolved
please tell how and when i can apply for restoration of status quo ante..and under which provision of law can a court grant status quo ante.

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ajay sethi (Expert) 12 May 2013
what are facts of your case

J K Agrawal (Expert) 12 May 2013
Status Quo Ante is possible only when defendant changed the situation of disputed facts quickly and without giving to you any chance or time to tale a legal recourse. Say he closed your windows over night or done any thing very fast that before you get stay order from court he completes his desired work.

It is subject of common law. There are so many citations on this subject.

R.K Nanda (Expert) 12 May 2013
agree with expert Agrawal.

Shumaila Altaf (Querist) 12 May 2013
My case is before the court of first munsiff, I'm the defendant in a suit for possession and injunction. on the day of last hearing, my client i.e. the defendant was present in the court but the plaintiff did not turn up.. the defendant went home only to see that her things were out on the road and the plaintiff had forcibly taken the possession. the police also took no action, infact they supported the plaintiff. now I as a lawyer moved an application for restoration of status quo ante..but the learned judge said he couldn't pass such order.. he needed to hear the witnesses first. but my plea was that in the plaint, the plaintiff had already admitted that he was not in possession and that is why he had prayed for possession. meanwhile interim was also passed restraining the defendants from alienating the property.. now i fail to understand why the status quo ante could not be passed... when even status quo is passed exparte.