Whether judge can change status quo orders in absence of the counsel of plaintiff?

Rajat sahotra (Querist) 14 September 2012 This query is : Resolved
Suit for Mandatory permanent prohibitory injunction filed along with O 39 R 1& 2 CPC asking defendant to stop his factories construction and seeking direction to defendant to first complete the retaining wall of the plaintiff as per their written registered agreement. The retaiing wall of the plaintiff has fallen due to illegal excavation done by defendant on adjoining plaintiff's land. Civil Judge Jr Div.order status qou in CMA O 39 R 1 & 2 but does not mention the suit property or the Khasara no of the plaintiff as well as of Defendant in status quo orders.

The order only say in one line"STATUS QUO QUA THE CONSTRUCTION AND NATURE OF THE SUIT"
and the next date of reply/ws of defendant is fixed .

In between as per the first status quo orders where no khasara no was mentioned by the judge in his orders defendant continued his work and filed and contempt of that order before the early hearings application of the defendant,

After that defendant moves an early hearing application for filing the WS/reply. On that the counsel of the plaintiff could not appear due to some mishappening in family. The client/plaintiff appeared himself and prayed for some tile for consideration as advocate could not appear and state dthe reason mentioned above to the Judge. but the judge changes his status qou orders and specifies the khasara number of the plaintiff land on which the defendant as per an agreement was to put the retaining wall before completing his own construction.

Now by this specifying the plaintiff 's land khasar no the defendant now started hi s construction and not of retaining wall of plaintiff.

Now what will be the fate or status of that contempt filed by plaintiff against defendant of the first status quo orders where no khasar no was specified by the judge?

What other remedy is left to stop the work of the defendant to the plaintiff?

Whether judge can change status quo orders in absence of the counsel of plaintiff?

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Kiran Kumar (Expert) 14 September 2012
the court may dismiss the interim relief application on final hearing, but in your case, if the facts are true, it seems the court hurried in passing the orders.

it will be better to challenge the orders by way of an appeal with immediate effect and try to get the status quo restored.