Order of EP & WP in HC.Not Being Followed.Without prejudise-Attn Adv.Barman & Adv Subramanian.
Querist :
Anonymous
(Querist) 22 October 2010
This query is : Resolved
Dear Sirs,Please Guide... Am 76 yrs Sr.Ctz.
Order.. In the Court of Pri.Civil Judge(Sr Div).after FDP,
Orders on Application U/s 151 CPC(main Pet).Heard..
It is stated by the DH (Decree Holder. Applicant)that JD (Jnt Decree Holder-The violators) is causing obstruction to lay the drainage pipe line thru' CTS 331/A.
On perusal of records, it reveals that DH has produced an order in FDP on... The DH had filed WP stating that no right dexclared with relief to existing well.
Subsequently in WP 6964/06 parties entered into compromise stating that Respondent no.1 is entitled to close the well(a part lying in his land)
Final decree has been passed by this court & map/sheet considered as part of the decree. Both the parties have taken the possession of the property as per final decree but according to JD, HD has no right to lay the drainage pipe line.
But sketch appended(Scanned map enclosed/attached)to the final decree very clear that there is drainage in CTS 331/A,
The entire decree passed by this court is not modified by the Hon.HC WP 6964/06. Such being the case, JD cannot obstruct the DH to lay the drainage pipe from the western side of the property CTS 331/A,
Hence JD hereby directed not to cause any obstruction to the DH to lay the drainage line from western side of the property in CTS 331/A.
Further it is directed to DH also not to cause any damage to the property of JD(now after this order JD has constructed & blocked the passage which was open, purposely)during the progress of laying drainage line.
Accordingly,the petition is disposed of.
This is the order.. With the help of this we approached the police when he shown non compliance & threats to life from JD's attitude & sought protection to lay the line.Under police protection line was laid. Jd went to HC with WP which was dismissed. He removed laid line.We approached police they have registered case with sec.427,504,506 r/w 34 of IPC.
Now he has constructed unauthorized door locked to block the way/passage which was for UGD.
Accordingly we approached all authorities like City Engr,Commissioner of Corporation,law officer on direction of The DC,he came inspected & asked to stop work but un-deterred he put slab.& door. Now commissioner also is not taking any action. We have taken photos & filed for injunction. what else do I do? At this age I,my family,sons & grand sons, am being threatened with life. He has bribed all.so we approached The DC.
PLs inform on deltasudhir@yahoo.com
Devajyoti Barman
(Expert) 22 October 2010
I think as the court passed the decree on the light of the order passed by the high court and thereafter the party is not complying with the directions of the court then you should file a contempt petition to the high court which would be more expeditious and cost effective.
Querist :
Anonymous
(Querist) 22 October 2010
Thank you Sir, What will be the result of filing contempt or what should we pray for in HC. Please inform.
s.subramanian
(Expert) 23 October 2010
Dear Sir
Mere prohibitory injunction will not suffice. the construction has been made by him illegally obstructing your rights. Therefore seek mandatory injunction for the demolition of the illegal construction. Contempt proceedings would result in arrest and detention of that violator. Or else you can file a Writ of Mandamus seeking a direction to the appropriate authorities to demolish the illegal construction.
Querist :
Anonymous
(Querist) 23 October 2010
Respected Sir, Thanks a lot for your valuable opinion. I will do so in HC.
Kind Regards
