Contempt of court
vinaykala
(Querist) 21 September 2013
This query is : Resolved
dear sir,
in case of a suit for possession filed by me at delhi high court of a residential willed to me thru a probated will, my younger brother has unauthorisedly occupied it and is running a guest house on the floor.
he gave an undertaking in delhi high court that he shall use the floor for only residentail purposes and would pay market rent in case the case is decided against him.
even after cr examination is over, he continues to use the floor as a guest house which has been admitted by him and also proved before the delhi high court thru documents.
my lawyer suggests going for contempt of court.
i find that in most cases the culprit is let off with a warning and also the fine is too little to be a deterrant.
i seek the following information
1. is it worthwhile to go for contempt in this violation in a civil case.
2. how would it benefit my case which is schduled for arguments at del high court inn jan 2014. will it establish that the guest house continues to flourish even after the cr ex and i get mesne profits for this extended period too?.
kindly advise sirs
vinay kala
21 09 13
ajay sethi
(Expert) 21 September 2013
did you raise similar query earlier too ? the query seems to be familiar .
you can file contempt of court application as your brother has violated the undertaking given by him for residential use of first floor . the main problem would be additional legal fees . if you are able to afford litigation costs go ahead .
vinaykala
(Querist) 21 September 2013
thanks sethi saheb,
would abide by your advice
vinay kala
ajay sethi
(Expert) 21 September 2013
thanks for your appreciation
V R SHROFF
(Expert) 21 September 2013
MUST GO FOR CONTEMPT OF COURT,
AL;SO ASK TO STRUCK HIS DEFENCE AS VIOLATED COURT ORDER./
Rajendra K Goyal
(Expert) 21 September 2013
Similar query by the author was raised in :
http://www.lawyersclubindia.com/experts/Suit-for-possession-mesne-profits-for-running-a-gh-424156.asp#.Uj1ybxCLp3A
This is new thread on the same subject.
Raj Kumar Makkad
(Expert) 22 September 2013
No reply against the repeated query from my side.
vinaykala
(Querist) 23 September 2013
dear mr goyal,
it is certainly not a new thread of the same subject.
the present issue is whether i should go for contempt of court. the earlier one was on mesne profits.
should you like to respond to my query on contempt of court proceedings to be contemplated or not please do give your valuable seasoned advice.
if not pl do ignore this.
thanks for the input sir
vinay kala
