Contempt of court?
kailash
(Querist) 11 August 2011
This query is : Resolved
We have gotten tempoary injunction order in our favor that defendant 1 to 6 will not interfere in our property. But all the defendant 1 to 6, including their lawyer in the case (son-in-law), using a part of our property (bathroom). However, defendants have filed an appeal in the court (upper court) aganist this tempoary order. My questions are:
1. Could police help be taken to restrict them not to interfer in our property?
2. Could contempt of court proceeding be sued aganist them (while pending their appeal), if yes, then under which section/law?
3.
DV Rao Advocates-Hyderabad, (C
(Expert) 11 August 2011
You can file, if the bath room area also comes under the Court Order. For more details: www.dvrao.com
M/s. Y-not legal services
(Expert) 11 August 2011
is any petition pending before the same court for vacate the stay? i mean filed by the defendants?
M/s. Y-not legal services
(Expert) 11 August 2011
for your kind information untill any offence made by the defendants, police can't interfere with a civil dispute..
kailash
(Querist) 11 August 2011
Sir offence is happening daily. Defendants are coming daily to that bathroo, even the court has asked not to interfer in our property (that bathroom is seperately in our property, though defendants still have possession since they were tenant, but at present they are not tenant, they have purchased their tenanted property, but not this bathroom)..So, how can be restrict them not to come to our bathroom??
kailash
(Querist) 11 August 2011
Not in the same court, but an appeal is pending in the different (may be higher court) to vacate this temporary injunction...and sir, it is not a stay, it is temporary injunction where defedants are "retrained not to interfere in our property ABCD, that bathroom comes under ABCD"...
AMIT SANKLECHA
(Expert) 12 August 2011
Dear Kailash
If you have got temporary Injunction, restraining the defendents you can take police aid by making an application in court stating that every after injunction granted by the court, the same is not followed by restriction & on contrary they are depreiving the plaintiffs right to use the property.
Also do file evedentiary affidavits alongwith this application, so it will increase the eveidentiary value of your police aid application.
Thus if the same is allowed , by paying the required fees, you can avail the police aid help through court also.
This police aid application can't be affected even if the appeal is filed. Thus this being an temporary injunction & not fianl one, as on such it won't make any such effect on your injunction.
Hope this if fine for you.
Regards
Ameet Sanklecha
e-mail : ameet.sanklecha@gmail.com
shamsher
(Expert) 12 August 2011
U CAN FILE CASE UNDER U/O39 RULE2-A READ WITH SECTION 151 CPC FOR CONSEQUENCE OF DISOBEDIENCE AND BREACH OF INJUNCTION ORDER UNDER WHICH THE PROPERTY OF THE VIOLATOR CAN BE ATTACHED AS WELL AS HE CAN BE SEND TO THE CIVIL PRISON FOR 3 MONTHS.
ACC TO ME THIS IS THE BEST AVAILABLE REMEDY FOR YOU TO FILE AGAINST THE DISOBEDIENCE OF INJUNCTION ORDER
mathivanan
(Expert) 13 August 2011
Yes, both Mr.Amit and Mr.Shamsher is right. you can proceed further under Order 39 Rule 2-A, for contempt of court done by the defendants as well to enforce the ad interim injunction, you can file a petition seeking police aid.Both the relieves are open for you. The petition for contempt would take long time to dispose off, where as the police aid would be provided at an earlier period.
