Execution petition in High court
Ria
(Querist) 28 August 2010
This query is : Resolved
Respected Experts,
Can I file an execution petition in the High court for the interim exparte injunction order passed in my favour by the civil court ?
Also can I ask the High court to grant me police assistance under section 151 of the CPC for the execution of the ad-interim exparte injunction order.
As the civil court has denied to execute the exparte injunction order since the prelimanary issue of jurisdiction is pending, since the Defendant has contended that the civil court does not have jurisdiction.
Please guide.
adv. rajeev ( rajoo )
(Expert) 28 August 2010
You cannot file an ex., petn., in the high court. Still case is pending so civil court has rightly rejected the execution petition. You cannot also file an application in the High Court seeking police protection. You have to file it in the civil court where the case is pending. Instead of going for exeuction petition you could have filed an application for violation of injunction order.
s.subramanian
(Expert) 28 August 2010
Yes. I agree with Mr.Rajoo. If the civil court has passesd any order on your application for police protection,you can file a revision on it before the High court under Srt.227 of the constitution of India.
G. ARAVINTHAN
(Expert) 28 August 2010
EP can be maintainable in the same court or the Competent Court having jurisdiction
Mani Narayanaswamy
(Expert) 30 August 2010
Aravindan Ganesan may be wrong. An application for contempt under Or XXXIX R 2A is a better option. Execution arises out of a decree and not from interim orders. Revision under Article 227 is also questionable. To differ with Mr.Chanchal Nag Chowdhury Or 39 R 3A relates to time frame for disposal of injunction applications.
