Upgrad LLM

Status quo

This query is : Resolved 
 

(Querist)
01 September 2009

A suit was filed in civil court with first class magistrate one year back , the status was ordred by the court. Now the palntiff having submitted all the papers and relevant information say etc, so also the defendants. Now the court has fixed a date to order on the Nishani No 5 ie regarding status quo. Whether the status can converted into the stay upto the final hearing of the case ,
If status quo is vacated what are the remedies availbale, whether an appeal can be made to Dist Magistrate, what is time limit, and stamp duety for the appeal , what are effects of the vacation of staus quo


AEJAZ AHMEDOnline (Expert)
01 September 2009

Dear Sd. Kharadkar,

After hearing both side, ie Plaintiff and Defendant on the day fixed:

i) if Magistrate satisfied by the Pleading, contentions and Supporting Documents filed by the Petitioner/Plaintiff then he can made "Status-Quo" order as "absolute" till the disposal of Main Suit;

ii) if Magistrate Satisfied with the Reply, submissions and Documents filed by the Defendant, and not satisfied with Petitioner/Plaintiff, then he can Vacate the said order of staus-quo and as well he will dismiss Interim Application in which he granted Staus-Quo Order and Post the matter for main suit.

So, the magistrate can eeither made Staus-Quo as Absolute OR can Vacate as above.

If the Magistrate Order as (ii) above, i.e, Staus-Quo Order is vacated and Interim application dismissed:

a) then Plaintiff/Petitioner is having Right to prefer Civil Rivision Petition/Appeal, within THIRTY (30)DAYS from the date of receiving of the Order Copy,

b) And Where to prefer CRP/Appeal, it depends upon Value of Main Suit, if its for less than Rs. 5,00,000-00 (Rupees Five lakhs) it will go to Dist Magistrate. OR if Suit Value is more than Five Lakhs then Plaintiff/Petitioner can prefer CRP/Appeal to the state High Court of your state against the Dismissal/Vacate Order of Status-Quo.

Regardign Stamp Duty for Appeal and other Expenditure it will be calculate by your Lawyer.

Let Wait for further replies of our learned friend for full satisfaction.

Kiran Kumar (Expert)
01 September 2009

well friends, from my little knowledge, i intend to make a bit of correction here.

civil suit is not filed before a Magistrate but before a Civil Judge and secondly i think there is no term District Magistrate for judicial purposes (does exist for adminstrative purposes), here the correct expression shall be District Judge...in case the stay order is vacated then the appeal lies with District Judge.

Jithendra.H.J (Expert)
01 September 2009

in some states the magistrates are also designated as civil judge(junior division), one has to preffer the appeal before the Civil Judge(Senior division) not to District Judge.

Adinath@Avinash PatilOnline (Expert)
02 September 2009

I agree with AEJA But civi cases are filed before Civil Judge Junior Division/Senior Division as per pecuniory jurisdiction. And appeal lies before Disterict courts.

Kiran Kumar (Expert)
02 September 2009

all high courts have adopted their own rules so the appealate authorities are not same in every state.



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