Contempt in suit permanent injunction
Sachin Bhatia
(Querist) 07 December 2012
This query is : Resolved
A file a suit for Permanent Injunction restraining the defendant from constructing the wall or lentil over the wall of plaintiff.
Defendant appear in the court and made a statement that he will not construct the wall or lentil over the wall of the plaintiff.
Court passed an order that defendant will be bound by his statement till the next order.
Before the next hearing defendant construct lentil over the wall of the plaintiff.
Now plaintiff file a complaint of contempt of court.
Now what will be the position of Suit for Permanent Injunction. Is it Infarctus or still some relief available for plaintiff.
prabhakar singh
(Expert) 07 December 2012
The suit would go on ,relief of mandatory injunction for removal of construction illegally(if not removed by application moved under section 151 C.P.C in addition to contempt proceedings) raised shall also be added together with alternative relief of possession.The perpetual injunction relief already asked shall remain intact.
Devajyoti Barman
(Expert) 07 December 2012
You may initiate proceeding vide Order 39 Rule 2A,CPC via Miscellaneous Case
Raj Kumar Makkad
(Expert) 08 December 2012
You shall have to amend your sit and shall have to insert the relief of mandatory injunction and shall also have to file a separate application under Order 39 Rule 2A read with section 151 of CPC.
