Regarding the contempt
Adv M.D.Azhar
(Querist) 06 March 2014
This query is : Resolved
sir,
suit for deceleration and possession filed by the plaintiff against the defendant. defendant appeared in the said suit and filed w.s. than after matter was posted for arguments. after hearing both the parties at length. court rejected the injunction application of the plaintiff and held that there is no document produced by the plaintiff to show the title and possession over the property. Actually defendant constructing the house over disputed property so the court held in its order. there is no adverse evidence to show to the court that the defendant constructing the house on the land of plaintiff, therefore the application of injunction was came to be rejected. being aggrieved by that order he preferred an appeal. session court granted ad interim injunction to the plaintiff/appellant because at that day defendant were unable to appear before the session court. while giving the ad interim injunction session court imposed certain condition that, appellant never asked adjournment for the hearing of appeal or never delay the matter. after the said order, defendants appeared before the session court and were ready for the hearing but at that day appellant did not want to argue the matter so that he filed an application under o.26,r.9 of c.p.c. for the appoint of the commissioner. defendants were ready for the hearing of that application on same day but appellant filed a report that, they want do hearing in the light of some judgments. so that court granted the adjournment of the very next day, at that day application was heard and decided by the session court on same day, than after court asked for the hearing of the injunction application but he submitted that he want to challenge the said order before the high court so adjournment was granted, matter was adjourned. appellant filed an S.C.A. before the high court, mean while he produced a report for the adjournment in the session court, saying that, he has preferred an appeal before the high court against the order of the session court. than after matter was adjourned so that defendants advocate was unable to appear before the session court because his family member was no more. so court has fixed another date in which defendants adv and the adv were present but intentionally he did not come at right time so that court has decided to hear another matter. meanwhile there was not much time for the hearing so court has adjourn the court without asking the report. but defendant adv urged before the court that sir, please hear me so defendant concluded his argument and argument of the appellant is still left. Now i want to ask that, after reading the event of the case before the session court weather ad interim relief which was granted in favor of the appellant is still survive or vacated? moreover if status quo is granted regarding the property than, defendant can move certain things from the suit property if such things caused lost to the such as "Senting" which is used to to fill the slab on house. or if it is done than it amount to contempt or not? just give me brief detail.
Devajyoti Barman
(Expert) 06 March 2014
What is the order of the high court?
If high court has stayed lower court's order,then status quo order has no force.
If it is stayed, then either party can do with regard to the suit property as if no restrainnt order is there.
Adv M.D.Azhar
(Querist) 06 March 2014
actually sir appellant filed a apeal against the order of session court which was under o.26,r.9 and that appeal rejected by the h.c. session courts matter is still pending. and i querried abt that ad interim order which was passed by session court.
R.K Nanda
(Expert) 06 March 2014
consult local lawyer.
Devajyoti Barman
(Expert) 07 March 2014
The order of sessions court is still subsisting and liable for compliance by both parties.
Rajendra K Goyal
(Expert) 07 March 2014
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 08 March 2014
What is your lawyer telling?, the sessions court ad-interim injunction will remain in force so long the petitioner keeps it going on by filing extension memo, in case if he fails to file memo for extension, it will get vacated because both the parties are proceeding with the trial of the main case.
Biswanath Roy
(Expert) 09 March 2014
The Plaintiff and the Defendant both the parties are playing Blind man buffs without resorting to proper ways of combating.
