Contempt
sanjay
(Querist) 02 December 2012
This query is : Resolved
We are a decree holder of a civil suit decided by civil judge(jr) bhubaneswar.As per decree there is a permanent injunction for other party to enter into our suit land of peaceful possession. however the other party continue to create disturbance and not allowing to construct boundary wall, destruct the said wall and tried to encroach, whether contempt of court is answer. if yes which court has jurisdiction. we are filing a execution of decree suit separately.
V R SHROFF
(Expert) 02 December 2012
file execution , demand Police protection to protect your land, file contempt.
Raj Kumar Makkad
(Expert) 02 December 2012
The contempt proceeding lies in the same court which passed the decree. You should also approach to the police authorities seeking their help in maintaining the status of the property as decided by Court and need to file separate execution petition as you have already decided.
ajay sethi
(Expert) 02 December 2012
agree with mr Makkad and Mr Shroff
R.K Nanda
(Expert) 02 December 2012
file execution petition and contempt petition in same court which passed said order in ur favour.
also lodge police complaint against JD.
sanjay
(Querist) 02 December 2012
thanks expert for kind guidance only a small clarification if the contempt needs to be moved under order 39 rule 2a, since we are already decree holder and nothing is pending in court hence the query.
R.K Nanda
(Expert) 02 December 2012
file CP under contempt act read with section
151 0f CPC.
