I am from Tamil Nadu. I am requesting clarification of my doubt My father and his younger brother has partitioned their ancestral property through unregistered partition deed (Koorchit) dt 19.10.1989. the property is divided into ‘A’ Schedule and ‘B’ Schedule. ‘A’ Schedule is assigned to my father and ‘B’ Schedule is assigned to his younger brother in the Koorchit.
My father and his younger brother are having possession and enjoyment of their respective share.
After few years later, His younger brother and his sons are trying to interrupt and entering my father's peaceful possession and enjoyment of the ‘A’ Schedule Property. They were continuing this interruption again and again.
To avoid these interruption, my father filed a civil suit in the Hon'ble District Munsiff Court praying Permanent Injunction against his younger brother, his sons and their men. The Hon'ble District Munsiff has evaluated all the records on both side and delivers Judgment that the ‘A’ Schedule property is in my father possession and enjoyment so the decree is given in favour of my father that the defendants(my father's younger brother and his sons and their men) are restrained from peaceful possession and enjoyment of the Plaintiff(i.e. my father) by means of Permanent Injunction.
After this Judgment. my father's younger brother filed a appeal in Sub-Court the Sub-Judge delivers the decree in favour of my father and appeal dismissed.
After one year his younger brother went for the second appeal in High Court , his petition is numbered in S.A.S.R. still pending and not taken as a Second Appeal so far( still pending in S.A.S.R category).
After getting the Judgment from Hon'ble District Munsiff Court , the defendants (my father's younger brother and his sons and their men) are again and again entering and interrupting in our ‘A’ schedule Property.
The both Courts ( District Munciff Court and Sub-Court) are ordered that the defendants are not to enter in my father's peaceful possession and enjoyment of the ‘A’ Schedule property, but they are continually entering and interrupting. It is against to the Civil Court Orders and it is a crime also.
Now I am requesting information that,
1) Violation or disobedience or overriding of Civil Court Injunction Order is an offence or not?
2) If it is an offence, under which Act, which sections it is an offence?
3) What is the punishment for that offence under the Act & Section?
4) If the Judgment Debtor violating or disobeying the Civil Court Injunction order which department can able to prevent or restrain the Judgment Debtor?
5) If the Judgment Debtor is violating the Civil Court Injunction Order, the Decree Holder brings that violation of Civil Court Order into the police knowledge(ie the complaint) the Police will stop the violation or not?
6) Stopping the violation of Civil Court Order is a mandatory duty of police or optional duty?
7) Is it possible my father (Decree Holder) can give complaint in police to prevent their (Judgment Debtor) action against Civil Court Order?
8) If a person (Judgment Debtor) or group of persons (Judgment Debtors) violate Civil Court Orders, whether the police can prevent them on the basis of Decree Holder’s(my father) complaint? Is it their (Police Men) mandatory duty or optional duty?
9) If a person (Judgment Debtor) or group of persons (Judgment Debtors) violating Civil Court Orders again and again , in Which Sections the police can file the case against them on the basis of Decree Holder’s(my father) complaint? Is it filing case is mandatory or optional?
10) Whether the Law or Appeal Court (High Court) allows the Judgment debtor to violate the Civil Court Orders, though the Judgment debtor gone for Appeal, till the Appeal disposal?
11) If there is a document evidence of violation of Civil Court Injunction order by the Judgment Debtor, the document evidence is handed over to the police along with the complaint by the Decree Holder, what action the police to take filing a case against JD or not filing case?
12) On the basis of the complaint along with the document evidence, the police filing a case is mandatory or optional?
Please kindly provide the information
regards
gopal
