O39 rule 2a cpc
surjit singh
(Querist) 02 May 2012
This query is : Resolved
An appeal was filed before the Addl. District Judge, Hilsa, Nalanda against the order of not granting injunction in Title Suit before the Munisff's Court. The ADJ in the appeal ordered for status quo and basically directed to rehear the matter. In the meantime the respondent violated the status quo order. Petitioner filed application under Order 39 Rule 2-A, before the Munsiff Court.The Munsiff Court called for a commissioner's report, which was submitted wherefrom it clearly proves that the respondent violated the status quo order. Whether the respondent is liable to be punished under O39 R-2A. I am little bit confused about the wording injunction and status-quo, because in my case the ADJ only granted status quo, and also directed that status-quo will remain till such time the parties submits its documents before the Munsiff's Court and if the parties ask for the same they may be heard on injunction. Till today the respondent have not submitted any land document, whereas I as petitioner have already submitted my land document at the time of filing the Title Suit along with injunction petition. Please enlighten me on this point. After all one is duty bound to maintain the dignity and majesty of the Hon'ble Courts.
It is seen in various decision of SC that one is liable to be punished for violation of court's order even if the order passed later comes to the conclusion that it was an order of incompetent court, provided the person against whom the order is passed does not appeal.
Devajyoti Barman
(Expert) 02 May 2012
Even violation of the order of status quo is equivalent to violation of status quo.
So proceed with your case without any doubt.
ashutosh mishra
(Expert) 02 May 2012
If status of suit land on the date on which 'status quo' order was passed was present on record and its' breach is established by subsequent commissioner report,the order being in force,breach proceedings may go under order 39r2a cpc.
Adv.R.P.Chugh
(Expert) 02 May 2012
Mr.Singh,
Status quo is as much an injunction as any other order. Violation is tantamount to contempt of court - rendering a person liable u/o 39 R2A - which may get the person behind the bars for 3 months or properties attached for a year & even sale if the contumacious behaviour continues.
ajay sethi
(Expert) 02 May 2012
agree with experts
Shonee Kapoor
(Expert) 02 May 2012
Agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
surjit singh
(Querist) 08 August 2012
I am really thankful for all the above comments, please specify further that whether the Application under Order 39 Rule2A will be treated as a seperate case because the Munsiff is treating it to be a seperate case inspite of my objection that it is a Interlocutory Application and so fresh service of notice should not be issued. I also argued that since Application under Order 39 Rule 1 and 2 is not taken as a seperte case why application under Order 39 Rule 2A is so. The counsel of the other side in the title Suit has refused to accept the copy of the application under Order 39 Rule 2A and apart from that the Munsiff has passed an order for paper publication.
Kindly enlighten me whether I should go for paper publication or there is another option for me.
