Breaking of stay order() temporary injunction

Querist : Anonymous (Querist) 09 September 2011 This query is : Resolved
Dear Sir, I am owing a house and have filed a declaratory civil suit in court and been granted temporary injunction by court. Now the other party (opponent) started construction work and breaking the stay granted by court. Earlier also dated 31.12.2010 they had broken the law, on police compliant by us, the officers arrested both the parties under breach of peace with no fault on our part. Now, my query is: 1) they again started construction being stay (temporary) granted still in force ,what remedies are available to me to get stop such construction immediately. Guide me.Whether the stay is applicable on whole property or only on the place or part of property in dispute it’s very urgent.One thing to mention the case is still proceeding and pending before court of law. (2)Whether court can pass any order for such.

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R.Ramachandran (Expert) 09 September 2011
All these things will depend upon the pleadings. Did you consult your lawyer? What did he say? Please go by the advice of your lawyer.

ajay sethi (Expert) 09 September 2011
you will have to consult your lawyer . if defendant has violated court orders you can move for contempt of court

stay will be operational only in respect of property in dispute and in respect of which stay has been granted

Devajyoti Barman (Expert) 09 September 2011
You can either
1. file a petition u/s 151 cpc in the same court and ask for police help to stop the construction. Or
2. File an application under Order 39 Rule 2A of CPC.

Guest (Expert) 09 September 2011
yes i agree with Adv Barman.

prabhakar singh (Expert) 09 September 2011
I agree with Mr. Barman.you need to initiate proceedings u/o39r2a of C.p.c.
and also pray demolition of construction raised in brach of order.

Shastri J.K. (Expert) 09 September 2011
I agree with Mr.prabhakar singh

M/s. Y-not legal services (Expert) 09 September 2011
Since there is a civil dispute.. Police can't interfere with that. My advice is file a contempt proceedings before your concern court. And also as rep expert's opinion you can pray for demolish the construction.

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