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Arvind Singh Chauhan (advocate)     15 October 2010

PLEASE INTERPRETE

Sir in a boundry suit we won from High court and execution proceeding was running in lower court. Meanwhile opposit party filed SLP in SC and lower court asked them to file if there is any stay.

SC ordered " Leave granted, parties are directed to maintain status quo as obtaining today"

Please suggest ,whether lower court should stay the proceeding in the light of this order.

Another side I have a case law -

Mere filing of a petition, appeal or suit would by itself not operate as stay until specific prayer in this regard is made and thereon so order of stay passed- SC-UAD-2009(2)-539.



Learning

 8 Replies

Suchitra. S (Advocate)     15 October 2010

Sir, I do not know if I am right. But by the facts I understand that while the SC has given order to maintain status quo, lower court is binded by that decision and so execution.

Suchitra. S (Advocate)     15 October 2010

I think 'maintaining 'status quo' has same meaning as a 'stay' ultimately.

Raghav Sood (Lawyer)     15 October 2010

agree with  suchitra ji

Arvind Singh Chauhan (advocate)     15 October 2010

Thanks mam for quick responce, but don't you think that language of order reveals that, this direction is only for parties not for court.

" Leave granted, parties are directed to maintain status quo as obtaining today

Suchitra. S (Advocate)     15 October 2010

Sir, I agree the order is for parties to maintain 'status quo' and the order is not for the lower court. But tell me, even if the lower court gives an order for execution, how the decree holder can get his remedy? Is it not the other party cannot do anything about the property in question by the order of SC? So, the lower court has to consider the this fact before it issues the order for execution, as per my knowledge.

Arvind Singh Chauhan (advocate)     15 October 2010

Thanks, I do agree mam but legally, what should be the next order of lower court .

Mugundhan (Lawyer)     15 October 2010

The next docket order of the lower court most probably would be " SLP pending in Hon'ble Supreme court. Status quo ordered. Hence call on..."

Arvind Singh Chauhan (advocate)     15 October 2010

Thanks to all learned members for removing confusion.


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