Permanant injunction
Anand Bala
(Querist) 06 June 2018
This query is : Resolved
In an injunction judgmnet & Decree Defendants are restrained from interfering with the peaceful possesion of the suit property. Defendant(1) being Union of India and defendant (2) being the General Commanding Officer of a sub Area in the Indian Army. Defendant (2) & his men had disobeyed the judgment & Decree and tresspassed into Pliantiffs land & removed the fence & the Gate in the night hours. Therefore the question to my learned Counsels how to enforce the Decree under Order 21 Rule (2) & (5) of CPC while Section 60 of CPC stipulates both arrest & attachment of salaries & allowances of officers under Arny Act 1950 are not allowed. What options a civilian has against the criminal trespass committed by an army officer? How to restore the fence & the gate to its original condition at the cost of the Defendant (2).
Matter is urgent.
Quick response will be much appreciated.
Best regards
Anand Bala
Ms.Usha Kapoor
(Expert) 07 June 2018
Complain to the defense Minister at the center and take -permission from him and also request him to make the army officers Responsible to re Store fence and gate at their own cost + DAMAGES. They are liable for civil contempt of court the punishment for which is 6 months imprisonment and fine.
P. Venu
(Expert) 07 June 2018
The facts stated are less than convincing esp. you have taken care not to post the critical information pertaining to the suit property and the issues decided in the suit.
Anand Bala
(Querist) 08 June 2018
Thank you Ms. Usha & Mr. Venu
