NITIN GUPTA (PROPERIETOR) 11 November 2012

Status quo

I purchased a flat (3B) in Howrah(W.B) and got it registered on 30th Aug 2012 and since then it was being renovated by the Interior Designer, however on 13th Oct 2012 the Police came and arrested the workers and asked us to vacate the flat and discontinue the work. We came to know that there was a Tenant who used to stay on the land where this Building was constructed and to empty his place he was promised an area of 450 sq ft on 3rd floor (Irrespective of the flat no.) by the Landlord. The 3rd floor consist of 2 flats 1) 1250 sq ft Flat 3A and another 620 sq ft Flat 3B which was provided to me. The tenant applied for an injunction over my flat however the civil court has ordered to maintain status quo over the same. How can I get rid of this issue and get the possession of my flat. My Mother is very sick and we have to empty our old rental flat as soon as possible.

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4 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 12 November 2012

As ivil Court ordered to maintain status Quo , One cannot change / or do anything extra in the suit premises. Your Flat seller shd have informed you.

surjit singh (Assistant) 13 November 2012

You purchased the flat on 30th August, 2012. When was the order of the court for status-quo was passed. If before the passing of the order you were in possession of the flat, then be in the possession. Apply to the court for vacation of the status-quo order, with a prayer to the court that you are staying in the flat and minor interior fittings may be allowed to be done, subject to the outcome of the case.

Please also see that whether the status-quo order is only against your flat or in connection of all the flat in the appartment.

niranjan (civil practice) 13 November 2012

If you are not the party, and if status quo order is not served on you, it is not binding to you, however,you may become a party and submit true facts that you are legal owner of the flat and submit regd.sale deed and get order vacated.

surjit singh (Assistant) 14 November 2012

It is true that the status quo order is passed in a title suit where there is two parties (plantiffs and defendants). Here I may like to say that when an order under 144 Cr.P.C. restraining the other party is made, in that case I have seen that the order also applies to other persons who is not a parties to the proceeding. So going by the said logic I think the status quo order is directed aganst parties, but the subject is the property, so in that case it will also apply to any other parties. It is altogether a different issuse where the person was not a party and was having no knowledte of the status quo, but legally it applies to all. If the person is not a parties to the suit then in that case applicaton under Order 39 R 2A does not apply to him.