Contempt
kashif
(Querist) 03 April 2013
This query is : Resolved
in a civil suite of the nature of injunction regarding a plot of land, there existed a maintain status quo order to all parties (TI). One party started digging trenches and raising walls in a corner of the disputed land( however stopped by the other party even when the wall raising has just started) . Can the other party move an application in the same court and pray for starting contempt proceedings against the party raising walls.
If yes than under which section or order etc of which act.
prabhakar singh
(Expert) 03 April 2013
YES!AN APPLICATION UNDER ORDER 39 RULE 2A OF C.P.C WOULD BE REQUIRED TO BE MOVED IN SAME COURT IN MISCELLANEOUS SIDE.
IN ADDITION AN APPLICATION UNDER SECTION 151
OF THE C.P.C CAN BE MOVED TO RESTORE THE LAND IN DISPUTE IN ORIGINAL STATUS.
R.K Nanda
(Expert) 03 April 2013
nothing to add.
Devajyoti Barman
(Expert) 03 April 2013
The aggrieved party can file application under Order 39 Rule 2A in the same court or move for contempt of court by filing application in the high court.
Another option is to seek police Help through the same court to stop violation of the order.
V R SHROFF
(Expert) 03 April 2013
Agreed with Expert advise of Shri Prabhakarji & Shri Barman
Raj Kumar Makkad
(Expert) 03 April 2013
Contempt of court proceeding can be initiated before the same court and additionally it should also be prayed to restore the property in the same condition wherein it was before the grant of injunction.
