I need some specific judgment references for our case. As you know, the opposing party obtained an interim status quo order (Order 39 Rule 1 & 2) on 15.03.2017. This order was based on certain circumstances and what we believe were false statements.
I want to file a petition to vacate this order under Order 39 Rule 4, citing the following reasons:
*Changed Circumstances:* The minor children mentioned in the original application are now adults.
False Statements: The opposing party made a false claim of "Dada Lai" (ancestral property) to obtain the order, while the property was self-acquired.
*Misuse of Interim Relief:* The order, which was meant to allow residence in a single room, has been misused to illegally trespass and take illegal possession of the entire property.
**Misleading information* used in status quo application, One wrong statment Given in the ground of when stay order was taken.
*Undue Advantage of NRI Status:* My physical absence from the country is being unfairly exploited, and the stay order is being used as a shield, causing me continuous and irreparable harm.
I am looking for judgments that support vacating a stay order or status quo on these specific grounds, especially in cases where:
The court finds that circumstances have changed.
The order was obtained through false statements.
There has been a misuse of the interim order itself.
Please provide me with judicial precedents that can strengthen our application under Order 39 Rule 4. This will help us demonstrate to the court how the opposing party has misused the order and will be crucial in ensuring that I get justice.
