Status quo

Querist : Anonymous (Querist) 15 March 2021 This query is : Resolved
We are owner of shop at ground floor and first floor is owned by other party. While we tried repairing ceiling of our shop, the owner of first floor objected and got status quo for our shop showing that we are damaging his lenter. We appeared in session court as respondent and judge gave decision in our favour to repair in the manner that no damage is caused to first floor. Then Amin would be appointed to do inspection. Now my query is that though our repairing work is completed and amin is yet to visit so in our next hearing can they apply for stay order in district court? What can be their plea? When will we be able to open the shop?

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A shop owner faced a 'status quo' order preventing ceiling repairs due to objections from the first-floor owner. The session court ruled in favour of the shop owner, allowing repairs provided no damage occurred to the first floor, with an Amin appointed for inspection. Despite the repairs being completed, the shop owner is concerned about a potential stay order application in the district court. Legal advice suggests highlighting the completed work to prevent a new status quo order and awaiting the Amin's report to vacate the existing one.

SHIRISH PAWAR, 7738990900 (Expert) 15 March 2021
Hello,

Your repair work to the roof of the shop is already completed. So you can point out the same to the court that, work is already completed. Therefore now in these circumstances status quo cannot be granted. The opposite party has the right to appeal under the law and you have to fight out the same as per your case.

Advocate Bhartesh goyal (Expert) 15 March 2021
If repair is done as per directions of court then court will not pass order of status quo also there is least chance to acceptance of appeal in such circumstances.

Dr J C Vashista (Expert) 16 March 2021
Let the LC (Amin) may inspect suit property and submit his report to the Court.
On the basis of report of the Local Commissioner the Court shall vacate "status quo" order.
However, consult your lawyer who is well aware of the facts and circumstances of your case.

krishna mohan (Expert) 16 March 2021
From facts provided, amin appointed by court ought to have inspected during construction. You can contact the same court through the lawyer to inspect and get certificate for compliance of court order.

P. Venu (Expert) 16 March 2021
The facts posted lack clarity. How is that a civil matter is in the Sessions Court? How Amin has come into the issue?

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