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Introduction
The term "Status quo" is a Latin phrase which refers to the current situation. This phrase is specifically related to religious, political and social matters. The status quo, in sociology, means the way things are currently in terms of social structure or values. It refers to the current state of affairs in relation to a potential change in policy.
The consequences of a status quo order on a dispute involving law are not always evident without legal counsel. Even if an order is understandable, the attorney makes attempts to decipher those orders for the purpose of guiding the clients on what to do.
In this article, we will be discussing what is status quo is in legal matters, especially in property law matters.
What is Staus Quo in Law?
In law, the phrase "status quo" describes the current state of affairs. To prevent any of the parties to a dispute from acting while the matter is still being adjudicated, a judge may issue a status quo order. In order to protect a party's position while awaiting a settlement, it seeks to prevent harm or maintain the current status. Insofar as the law is concerned, there is a status quo order made in Indian civil proceedings, which is a court directive that the parties must maintain and preserve the status quo, or the existing state of affairs, and not alter the existing state until the court has finally decided or determined the case. Courts generally issue status quo orders in property and or possession cases or other issues that might cause some irreparable injury if there is a modification of the status quo pending decision.
When a party is directed to remain in the "status quo", a court will usually have limitations imposed. It is left to the civil law attorneys to guide their clients regarding their responsibilities not to have contempt of court, or the risk of having contempt, or breach the orders.
Meaning and Interpretation of Legal Maxims
From a maxim of law perspective, status quo is derived from the Latin expression "status quo ante," which translates as "the state in which things stood previously." Indian courts have interpreted it as a requirement on the parties' part to continue in the last unchallenged state of things. If a party is guilty of violating an order of status quo, such will amount to contempt of court, and the aggrieved party can move the court for the requisite reliefs.
Purpose and Significance of Status Quo Orders
The core function of a Status Quo order is to preserve the subject matter of the underlying suit. For instance, if in a suit dealing with the possession of a piece of land, the judge orders the parties to preserve the status quo such that neither of them will occupy, modify, or transfer the property until their rights have been determined by law. This does ensure that none of the parties can take undue advantage while the subject matter is pending in the court.
Examples of Status Quo
The Status Quo Order in the Civil Procedure Code (CPC)
There is no definition in the Code of Civil Procedure, 1908 (CPC) of the term "status quo," though it is in common use being heard in the courts because courts in India are issuing directions under Order XXXIX, Rules 1 and 2 in favour of temporary injunctions. The court can order parties to preserve the status quo where it seems convenient and just to do so, especially when the court feels granting or denying an injunction can prejudice the case or do injustice.
Status Quo in Family Law
A status quo order may be issued in the context of family law to stop one parent from taking a child out of the house or out of the neighbourhood without the other parent's approval. The other parent may request a status quo order. These orders are intended to safeguard the child during custody disputes until the parties can reach an amicable agreement on a parenting schedule or until the court has sufficient information to determine interim custody.
Status Quo in Labour Law
Under labour legislation, employees may not be fired or subjected to discrimination as a result of a status quo order imposed after submitting a grievance. The order may compel the employer to end negotiations and forbid the business from altering the employees' pay, working conditions, or hours.
Status Quo in Property Law
Under Property Law, Status quo refers to upholding the status or condition of the thing/property in question. You cannot sell, sublet, lease, or do anything with the property if a property lawsuit has resulted in an order to maintain the status quo. The property must remain in the same condition as it was on the day the order was passed.
If a court issues a status quo order for a piece of property, it signifies that both the possession and the title fall under the definition of status quo. When a lawsuit is filed and status quo is ordered, the individual having possession and title must continue to hang onto them until the lawsuit is resolved. In essence, the status quo is imposed to prevent the transfer of any party's interests in the property under the Transfer of Property Act, including leasing, selling, mortgaging, gifting, willing, and other acts.
The only restriction on the transfer of rights, title, or interest in the property to a third party is if a status quo is ordered. However, the party who is in possession of the property will be free to enjoy the possession of the property as he or she feels like. He or she shall continue to conduct business or use the property as he or she was using it. As the status quo is not a stay order, the profits derived from the property by a person is not required to stop because the status quo is not stopping any activity from being conducted.
The doctrine of Lis Pendence, envisioned under Section 52 of the Transfer of Property Act, will, however, automatically govern actions related to selling, buying, or transferring title in the property if a lawsuit is pending against it. Status quo does not bar any of the rights of the property holder; only the right to transfer the property gets put on hold while the matter is pending. The person who is currently enjoying the property would continue to do so, and if he encounters any interference with this right, he or she may sue the person who is causing the dispute.
Procuring or resisting a status quo order requires competent legal counsel. Civil lawyers help litigants prepare sound applications and advocate for litigants in court.
Status Quo vs. Injunction
A Status Quo order is often confused with an injunction. A status quo order often takes the form of an injunction, as both provide different types of interim relief, although an injunction generally restrains a party from doing some act or status quo merely freezes things as they stand. Both orders can be granted by courts together or independently based on the specific facts, character of the case and urgency of the situation.
Conclusion
From the above analysis, it can be concluded that the status quo is preserved only with regard to title and possession of the disputed property, and nothing else should be extended with respect to it, if a court issues an order pertaining to the maintenance of the Status Quo with regard to a disputed property.
Also, it is clear that maintaining the status quo is distinct from stay orders, where the court directs the individual to perform or refrain from performing an act; as a result, stay orders are targeted only at a specific person. The only restriction on a person with regard to the maintenance of the status quo is that he is not allowed to alienate the property or develop any third-party interests in it. If you have any such property disputes of status quo, it is advised to contact a property lawyer in your area. For example, if you are in Kolkata, then contact a property lawyer in Kolkata to handle your issue.
Where there is property, custody, or possession being utilised, a status quo order can infringe on rights. Civil lawyers in fulfilling their crucial role of advocating on a party's behalf, defend and assist their clients throughout the process, utilising the relevant legal mechanisms.
FAQS
What is the status quo in a court case?
The phrase "status quo" frequently describes the current state of affairs. To prevent any of the parties to a dispute from acting while the matter is still being adjudicated, a judge may issue a status quo order.
What is an example of the status quo?
An example of a status quo in property law is the concept of "adverse possession." Adverse possession is a legal principle that allows someone who has occupied and possessed another person's property openly and without interruption for a specified period of time to potentially gain legal ownership of that property.
What is an example of a status quo in law?
If a property lawsuit results in an order to maintain the status quo, you are not allowed to sell, sublet, lease, or otherwise deal with the property. The property must remain in the same condition as it was on the day the order was passed.
What is the difference between status quo and stay order?
The status quo only preserves the status with regard to title and possession of the disputed property, and nothing. On the other hand, through stay orders, the court directs the individual to perform or refrain from performing an act.
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