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prasanna kumar (individual)     26 September 2025

Meaning of status quo qua nature of the property

DRT has set aside the sale conducted by a bank and directs the sub registrar to change the entries in the property records. The auction purchaser challenges the order before HC. HC orders" Status quo qua nature of the property pursuant to the order passed by the debt recovery shall be maintained by the parties till the next date of hearing". it is extended with every hearing. Now taking advantage of this the auction purchaser has rented out the premises which was vacant at the time of the HC passing the order and is enjoying the rent. Whether this is contempt of Court? what is the meaning of the order passed by the HC.


Quick Summary
This discussion clarifies the meaning of a 'status quo qua nature of the property' court order. It explains that renting out a property while such an order is in place, especially if the property was vacant when the order was issued, can be considered a wilful violation and thus contempt of court. The advice suggests gathering evidence and filing a contempt petition with the High Court.

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     26 September 2025

This is violation of the high court order, the status quo order is applicable for all the parties to the litigation, hence it can be considered as contempt of court.

You can collect evidence on this and file a memo before high court seeking to vacate the status quo order since he had violated the court order.

You may please note that a willful violation of a high court's status quo order is considered civil contempt of court, according to the Supreme Court. 

Instead of merely vacating the interim order, the Supreme Court has stated that contempt proceedings should be initiated to address the willful disobedience.

This is because disobeying a court's order, especially one affecting possession or the existing state of affairs, amounts to a contempt of court under the Contempt of Courts Act, 1971 

Dr. J C Vashista (Advocate )     26 September 2025

I fully agree and endorse the very well explained, opinion and advise of learned senior expert Mr. T Kalaiselvan.

Move a contempt petition through your lawyer before the same court with proper evidence(s) for  wilful disobidience of order (to maintain status quo) qua renting out the property purchased by auction purchaser.  

R.K Nanda (Advocate)     26 September 2025

Status quo order means keep disputed property in current position and no changes  can be done by parties .if any change is made by a party then other party can file contempt petition in same court. 

 

 

 

P. Venu (Advocate)     26 September 2025

Yes, the action on the part of the auction purchaser amounts to contempt of court.

prasanna kumar (individual)     29 September 2025

Forum members can you please take action against this man shailesh who has written absurd comments not related to the topic. it is shear violation of the forums dignity.. May be remove the entire comment and abuser form the forum.

Thanks

 


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