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Breach of injunction

Querist : Anonymous (Querist) 21 May 2018 This query is : Resolved 
Sir/Madame Temperory injunction has been passed restraining defendent from further construction until partiion of suit property is done by meets and bounds. But defendent not obeying the court orders by continuing the construction, taking advantage of physical location of construction planned and spread on a combined land of suit property and the adecent land). Land adjecent land of suit property belongs to her son's. Defendent is confusing the identification of suite property.
1)Can a court order of police aid u/s 151 from court for police aid can help me. Does police have an authority to identify the suit property refering court orders.
2)What action can police take if the defendent continues the breach of injunction inspite of police warning..?
3)Do police has powers to undergo a spot punchnama of the ongoing activity.
4)Can police record statements of both the party?
5) Can I include pray for assistant from local Talati or TLR office to assist police to identify the suite property as Defendant is confusing and misleading police for I sent if I at of suite property?
6) What are the chances of getting an Exparte order for an Police Aid U/s 151.
7)Does police has powers to detain the Defendant if disobeying the injunction order?
8) What are the evidences granted by court to show breach of injunction for an construction activity?
KISHAN DUTT KALASKAR (Expert) 22 May 2018
Dear Sir,

My answers are as follows:

1)Can a court order of police aid u/s 151 from court for police aid can help me. Does police have an authority to identify the suit property refering court orders.
Ans: Police have powers to implement court order but you have to take assistance of surveyor attached to local authority to identify the property by filing separate application before the Court.

2)What action can police take if the defendent continues the breach of injunction inspite of police warning..?
Ans: Police may book a case of trespass against defendant and also submit a report to Court. You may file application under Order 39 Rule 2(a) CPC for violation of Court orders.

3)Do police has powers to undergo a spot punchnama of the ongoing activity.
Ans: Police can video graph the entire spot at your cost and produce the same before the Court.

4)Can police record statements of both the party?
Ans: Yes.

5) Can I include pray for assistant from local Talati or TLR office to assist police to identify the suite property as Defendant is confusing and misleading police for I sent if I at of suite property?
Ans: Yes, you can.

6) What are the chances of getting an Exparte order for an Police Aid U/s 151.
Ans: The report will be before the Court and it will take appropriate decision.

7)Does police has powers to detain the Defendant if disobeying the injunction order?
Ans: No, they simply report the matter to the Court.

8) What are the evidences granted by court to show breach of injunction for an construction activity?
Ans: Oral, affidavit and documentary evidence including video graph evidence.


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