Kiran Malunjkar 25 January 2018

Violation of court injunction order ?

In Civil Matter of Agriculture Land In Second Apple Boambay High Court give Order “since the stay has been granted for execution of a decree passed in favour of the applicant herein, the respondents also cannot be permitted to change the position of the property “ But Respondent do sell deed of that property which has court injunction 1. What to do ? 2. Can I do FIR in police station against Respondent on which Section ? 3. Can I do Application to same court violation of court injunction order ? Kiran Malunjkar

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6 Replies

Adv. SIddharth Jain (Advocate ) 25 January 2018

You can move a contempt petition in the Court whose orders were not followed i.e willfully disobeyed.
Civil contempt: Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.

Adv. SIddharth Jain (Advocate ) 25 January 2018

There are two conditions to it:
1) willful disobedience
2) No other remedy is available except the one the petitioner is seeking.
For any other queries, feel free to contact me at isidjain1@gmail.com

N.K.Assumi (Advocate) 25 January 2018

If injunction order is violated and you face threat of your property in the hands of the respondent, file an application in the court under section 151 read with Order 39 rule 2A, to prevent the respondent from disposing the property in violation of injunction order of the court.