Violation of Order to maintain Status Quo of suit land till disposal of the suit
Querist :
Anonymous
(Querist) 11 April 2011
This query is : Resolved
In a suit for Specific Performance of Contract arising from an "Agreement for Sale of a Plot of Land" and in this suit plaintiff filed a petition seeking permanent injunction of the suit land but a order was made to maintain status quo by the both parties till disposal of main suit. subsequently the Plaintiff made construction over the suit land or portion of the suit land. The main suit is continuing.
Now the question is that,
1. Whether in a suit for specific performance of contract a petition under Order 39, Rule 2A is maintainable, if any party of the suit is violating the said specific order to main status quo ?
2. If the Petition under Order 39, Rule 2A is dismissed, what procedure is apply Appeal or Revision ?
3. What is the Limitation Period of such Appeal or Revision ?
4. Whether the Appellant/Respondent prays for local inspection of the suit in the said Appeal or Revision, if so under which section of C.P.C. ?
5. Can you provide me some case laws in this respect (i.e. matter of violation)
Mr. Kunal Sarkar,
Advocate,
Bongaigaon, Assam.
Arvind Singh Chauhan
(Expert) 11 April 2011
1. Yes maintainable.
2. Revision.
3. 90 days.
4. Under Order -26 CPC.
5. No citation required law itself is clear.
Naresh Kudal
(Expert) 11 April 2011
I completely agree with Mr. Arvind.
barun deka
(Expert) 11 April 2011
No, an order under Order 39 Rule 2A is appellable under Order 43 Rule 1(r).
As correctly pointed out by Arvind, you can seek for a commission under Order 26 and you can also seek for an inspection report under Order 39 Rule 7 by appointing a commissioner for the purpose.
Uma parameswaran
(Expert) 11 April 2011
Contempt proceedings can be initiate for violating the order .
