Violation of court injunction order
srinivas
(Querist) 25 August 2011
This query is : Resolved
Sir/Madam,
I had been granted an ex-parte interim injunction restraining my relatives to enter into my land and not to disturb my possessional rights. But unfortunately after seeing this also my relatives entered into my land and removed my survey stones and even ploughed the land with unknown persons. Under what sections can i lodge police complaint against them and what is the punishment for violation of court injunction order.
prabhakar singh
(Expert) 25 August 2011
To police you have to simply report the incident and not the law.
the breach of an injunction order granted to you is punishable u/o39 r2a CPC which reads"[2A. Consequence of disobedience or breach of injunction
(1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.
(2) No attachment made under this rule shall remain in force for more than one year, at the end of which time if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.]"
Sankaranarayanan
(Expert) 25 August 2011
yes mr prabhakar singh sir is explained well . u can file u/s 447 or 448
ajay sethi
(Expert) 25 August 2011
mr prbhakar singh has summarised legal position well .
