Prasad 06 March 2023

High court status quo in partition case

Hello,

We got a frivolous partition suit regarding properties related to my wife from my late father in law brothers. We fought in lower court against the injuction and judge gave detailed order based on arguments and document evidence these are not joint family property. Now the plaintiff my father in law brothers approached high court and got the case assigned to convenient bench in Andhra high court and Judge passed order saying status quo until disposable of suit in lower court. In the suit properties we have already sold 2 properties before we got suit and it's been getting delayed. Is there possible to get high court to allow permission to dispose these 2 properties? Please suggest some legal options to approach high court and any citations we could use for approaching high court

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Real Soul.... (LEGAL) 06 March 2023

The status qua order is best at place granted in property cases to protect the suit matter, if you really can prima facie convince the court that the plaintiffs has no case at all and subject to submission of bonds for if you lost the case you will deposit the amount equivalent to property - you may get the status qua vacated, for that you need to submit application for vacation or modification of status qua order to clear out of its ambit the properties already sold. Or you can file appeal against status qua order. But the chances are very less to get odder vacated as status qua is deemed balanced order,