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Voilating status quo order of 2015 on property
12-Apr-2025 (In Property Law)
A status quo order was given by high court delhi in2015 on our residential property by my brother.
Iam 80 years old and my wife is 76.the case is on my wife as she is the owner.she has had heart byepass surgery and is highly diabetic. Since we needed money for medicle expenses we entered into a mou with a party for our share and took some advance.the possession is still with us.
My brother has lodged a contempt case against me but does not have the mou copy as evidence.pl advise
Since a status quo order is in place from the High Court, any transaction affecting the property—such as the MOU—could amount to a technical breach, even if possession remains with you. However, contempt proceedings require strong evidence of willful disobedience. If your brother lacks the MOU or evidence of transfer of rights/possession, his contempt case may not stand. Still, you should engage a lawyer to file a detailed reply and explain the medical urgency and that possession is unchanged. Also try to recover any proof of the MOU or payment for future protection.
Best Regards,
Adv Adarsh Kumar
Delhi
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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Here you will need to see two things -
1. What is the case status at present as 11 years have already lapsed.
2. You should also consider moving an application for vacation of stay order or to file an appeal against the status quo order.
As far as contempt is concerned, need to file a reply to the contempt case denying the allegations raised and putting them to strict proof of their averments.
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Adv. Nishtha Agarwal
Delhi | 25+ Answers
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