Property law

Querist : Anonymous (Querist) 10 November 2011 This query is : Resolved
SIR
THE COURT ORDERED TO MAINTAIN THE STATUS QUO IN PROBATE CASE . THE OTHER PARTY VIOLATED ORDERS OF COURT . I FILED CONTEMPT . NOW THE JUDGE SAYS THAT APPLICATION UNDER 39(2) WAS NOT MAINTAINABLE AND MY EARLIER ORDERS FOR MAINTAING STATUS QUO WAS WRONG . HE IS NOT INTERESTED TO CONSIDER CONTEMPT APPLICATION . IS THE APPLICATION FOR INJUNCTION ORDER OR MAINTAINING STATUS QUO IN PROBATE CASE MAINTAINABLE OR NOT MAINTAINABLE . THE COURT HAS NOW PUT UP THE CONTEMP APPLICATION FOR ARGUMENTS .NOW WHAT IS THE LEGAL REMEDY . ANY JUDGMENTS . PLEASE HELP

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M.Sheik Mohammed Ali (Expert) 10 November 2011
either go appeal for quash the wrong status quo decree, or review

Querist : Anonymous (Querist) 10 November 2011
mr. sheikh,
please first read the query carefully and then reply . dont give wrong advise,

prabhakar singh (Expert) 10 November 2011
A probate court do not really have any jurisdiction to inquire or enter into any tittle dispute.Its jurisdiction is very specific and restricted to an inquiry
whether are not the testator TESTATED the WILL out of his free will and consent with all his senses!

Moreover provisions of order 39 rule 2
C.P.C. can be invoked in suit where relief
of perpetual injunction has been claimed.

But what if section 151 of C.P.C. is invoked for the same purpose may be point
to make the things comfortable.

However Contempt seems now far away as you say order was passed u/o39 r2 and contempt was also moved under same order.

Ask your lawyer if he can sketch a case u/s 151 C.P.C.

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