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Mahesh (clerk)     20 January 2011

interim injunction order ignored by builder

Hi,

I have got a interim injunction order against the builder. The order is against constructing a shopping complex infront of my flat in ghaziabad. The order is issued by ghaziabad consumer court. The builder has recieved the order but has ignored it and going ahead with the construction. What can i do?

Can i file a case in supreme court with the complaint that the lower court order is not being honored?

Please help.



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 6 Replies

y haraharanathbabu (practing law)     20 January 2011

You may file contempt petitions against builder To order builder to be detained in the Civil prison as contemplated u/o 39 Rule 2-A for disobedience of injunction order granted by courts

y haraharanathbabu (practing law)     20 January 2011

CORRECTION: under order 39 rule 2-A civil procedure code

Mahesh (clerk)     20 January 2011

Thanks for your reply.

where is this contempt petition is to be filed? same consumer court or any other court?

Can i approach the supreme court directly? Does the supreme court entertain common man's plea?

y haraharanathbabu (practing law)     20 January 2011

Mahesh, Not necessary you file same in your court, if you not get justice in lower courts, then only you file proper higher courts like High court or Supremecourt. It is better

Mahesh (clerk)     21 January 2011

You mean I should file contempt petition in the same consumer court, right?

y haraharanathbabu (practing law)     22 January 2011

Yes Mahesh, I have clearly stated contempt proceedings to be intiated. Please approach your lawyer for proceeding the same.


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