Pages

Monday 25 February 2013

MEANING OF STATUS QUO ORDER



The Court while making an order to maintain status quo, should endeavour to clarify the conditions, in the 
context of which or subject to which, such direction is issued, as the words status quo take contextual 
meaning and may give room for several different interpretations. Let us illustrate.

Illustration (i):
If a person puts up a construction in his site violating the set back requirements and if the owner of a 
property approaches the Court seeking an injunction restraining the adjoining owner from proceeding with 
the construction in violation of building bye-laws and the Court orders status quo, the order may mean that 
no further construction shall be made and the construction shall be maintained in the same position as on the 
date of the order.
Illustration (ii):
If a member of a joint family files an application seeking an injunction in a suit for partition, restraining the 
kartha from alienating the joint family property and the Court grants an order of status quo, it may mean that 
the defendant should not alienate the property.
Illustration (iii):
If a plaintiff seeks an injunction restraining the defendant from harvesting a crop in the suit land and the 
Court orders status quo, it may mean that defendant should not harvest the standing crop.
Illustration (iv):
In a service litigation, if the employee seeks a direction to employer not to terminate his services and the 
Court directs defendant to maintain status quo, it may mean that defendant should not terminate the service 
of the employee. — N. Ramaiah v Nagaraj S. and Another, AIR 2001 Kant 395

No comments:

Post a Comment