What is the difference between status quo and injunction

barrister

 

Hello Honrable members of the Bar...

What is the difference between the two?. For example if A files suit against B for permanent injunction  and gets a temporary injunction by proving that B is putting up some construction over the property, does it mean that even A cannot construct over the property ?

 In the above case if a status quo order is granted instead of injunction then what is the effect  ?

 For example C, a trespasser or in some way associated with B can put up construction when a status quo order is in force ?. That is, status quo restrains only the parties to the proceedings or even third parties from making alterations in the property ?

 Please give a clear picture. I am a lawyer and this is very important to be aware of this.. 

 In a Civil proceeding, the Judge adjourns the matter for granting even status quo order. I don’t know why is doing this, as in my opinion an injunction order is an order in favour of a party whereas a status quo order is an order by which the current condition of the property should be maintained.. 

 Thanx in advance

 
Reply   
 

Dear Mr. Javid Nazeem,

Your opinion expressed in the last sentence of your query is absolutely right.

Status quo generally refers to the existing state of affairs or circumstances. A status quo order should be issued by a judge to prevent any of the parties involved in a dispute from taking any action until the matter can be resolved. It seeks to prevent harm or preserve the existing conditions, so that a party's position is not prejudiced in the meantime until a resolution is reached. Injunction order restrains the defendant(s) covering his legal representatives, emploees, agents,his friends or any one claiming title through such defendant(s) alone. [Generally a prayer for injunction should be made covering the defendat(s), his legal representatives, emploees, agents,his friends or any one claiming title through such defendant(s) listed out in the arrays of defendat(s) in the plaint ]. Whereas the status quo order binds the defendant(s) as well as the plaintiff against alteration of the existing situation/status of the property. Hence it would convince the court on the ground for urgent need of the injunction order while submitting in all fairness to order staus quo also binding both the sides of the parties mentioned in the plaint so that the doubt if any occupied in the mind of the judge to pass ex parte injunction order may be wiped of.


 
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barrister

Thanx a lot for your reply sir. 

One final query sir. If status quo is granted, and mischief is caused by a party in the suit property in respect of which status quo is granted, who is neither associated with the plaintiff nor with the defendant, is this 3rd party is barred by virtue of status quo from interefering in the property ?. 

 

Simply put a status quo bans the plaintiff and the defendant and the persons who are associated with the parties to the proceeding. But will a stattus quo bans 3rd parties from causing any changes or construction to the property ?Hope my question is clear now Sir

 

Thanx in advance

 
Reply   
 

Sir

Status quo order (i.e. undertaking by the plaintiff not to cause changes in the property under the guise of the injunction order) is in addition to the injunction order that you have to obtain against the main defendant and his associates claiming title through him. If third party who is not associated with the main defendant (not claiming title through the plaintiff) tries to interfere with the plaintiff’s possession it may be treated as separate cause of action and the plaintiff has to bring a separate suit against him as the status quo order above referred to and obtained against the main defendant (and his associates claiming title through him) does not bind the third party.

 
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barrister

Roger Sir, I have now understood the difference between the two. Thanx a lot sir...

With BRS

Javid

 
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