Status uo
Mr.baroodkar
(Querist) 17 May 2014
This query is : Resolved
a tenant has filled a suit in wakf tribunal challenging the exchange of wakf property with private property in which the tenant is situated.the wakf tribunal passed an status quo orders till further order. inspite of status quo orders the wakf board has initiating the proceeding of encroachment against the tenant. the tenant filled contempt application in the wakf tribunal against such an act. still the wakf board are intiating the proceeding. please give me idea what should i do
Devajyoti Barman
(Expert) 17 May 2014
ask the wakf board to act urgently. If it refuses to do so then move to high court.
Mr.baroodkar
(Querist) 17 May 2014
thanking you sir,
my further submission is that should i move an application before the C.E.O. for dropping the proceeding of encroachment against the tenant and (if fail to so ) then move to high court or directly move to the high court as already contempt application u o 39 r 2 has been filled in the tribunal. is the matter hit by subjudice law or other law please guide me
Mr.baroodkar
(Querist) 17 May 2014
thanking you sir,
my further submission is that should i move an application before the C.E.O. for dropping the proceeding of encroachment against the tenant and (if fail to so ) then move to high court or directly move to the high court as already contempt application u o 39 r 2 has been filled in the tribunal. is the matter hit by subjudice law or other law please guide me
Dr J C Vashista
(Expert) 18 May 2014
Move an application u/o XXXIX Rule 2A CPC before Wakf Tribunal.
Rajendra K Goyal
(Expert) 18 May 2014
Agree with the experts Dr J C Vashista ji.
Surrender K Singal
(Expert) 18 May 2014
Contempt application is to be pending with Tribunal which needs to be pressed for notice to contemnor
Devajyoti Barman
(Expert) 18 May 2014
though you can proceed with contempt proceeding in the Board the same is time consuming and by the time the order is passed if any the constructions would be completed.
I would rather advise to move to High Court and pray for relief on urgent basis.
T. Kalaiselvan, Advocate
(Expert) 18 May 2014
Yes, as advised by Mr.Barman, for immediate relief an approach to high court will bring that.
Mr.baroodkar
(Querist) 19 May 2014
thank you respected sir for guiding me i just want to ask you that before moving to the high court should i fill a application before C.E.O., wakf board to cancel the proceedings of encroachment or should i fill an application under the head dropping of the proceedings of encroachment.
Surrender K Singal
(Expert) 19 May 2014
That would help your bona fides of having exhausted available avenues before approaching High Court under Urgent circumstances
Mr.baroodkar
(Querist) 19 May 2014
respected sir but under which subject heading
1> under the heading cancellation of proceeding
or
2> under the heading dropping of the proceeding
or
3> or if any thing else give me a knowledge of it
Surrender K Singal
(Expert) 20 May 2014
"should i move an application before the C.E.O. for dropping the proceeding of encroachment against the tenant" that is what you wrote yourself ?
Mr.baroodkar
(Querist) 20 May 2014
respected sir i am confused that why i ask you please let me know
Surrender K Singal
(Expert) 25 May 2014
an application before the C.E.O. for dropping the proceeding of encroachment against the tenant;
