Decree not complied..please guide
AAVADHOOT. D
(Querist) 17 December 2012
This query is : Resolved
Respected Sir,What is the remedy or relief I can seek,for non compliance (not followed)to the conditions mentioned in the compromise decree dated 1.7.11?
Is there any limitation?
I was waiting demolition by Corporation. Action by them is going on...the person who has not followed the conditions of the decree has approached court and stayed the final order (for demolition)to be issued by the Commissioner of city corporation. Please guide.
Raj Kumar Makkad
(Expert) 17 December 2012
If the matter is already in the court and execution is stayed then get the order of stay vacated and his appeal dismissed there from otherwise the decree favoring you has no meaning at all.
AAVADHOOT. D
(Querist) 18 December 2012
Respected Adv.Makkad Sir, With due respect, Hope you will not mind,the decree is seperate and the proceedings by City Corporation is seperate.
In fact for the unauthorized construction,I had got stay for his construction, which he prayed and entered a compromise before court, that is drawn as a compromise decree. After this he dishonored conditions in this decree. So I complained to the commissioner of the City Corporation for action and proceedings began.He did not attend any of the hearing and when the matter was for final order he approached court after almost 8 months.
Hence, the 2 matters being seperate, (decree in OS by me and now he is in court against Municipality where in I 'm not party)Please inform for which I'll be thankful. Hope you do not mind for having put across facts in detail.
Raj Kumar Makkad
(Expert) 18 December 2012
How can an expert imagine facts relating to the query if are not disclosed by querist in one go? The expert has limitations to reply only on the basis of facts put forth before him.
Anyway, in the light of your subsequently submitted facts, you move an application under order 1 Rule 10 of CPC in the stay matter filed by your opponent against Municipality and put entire facts there. I am sure, his petition shall get dismissed on his own act and conduct.
Contempt of court proceeding should be expedited.
AAVADHOOT. D
(Querist) 18 December 2012
Respected Sir,
Thank you so much... I regret if committed any mistake. Obliged by your reply.and lastly, Contempt proceedings before same court where decree was drawn? It was 3rd Addl.CJ & JMFC.
Devajyoti Barman
(Expert) 18 December 2012
Since the decree is already stayed, the executing court cam not proceed with the decree.
First vacate the stay and then proceed with contempt.
Raj Kumar Makkad
(Expert) 18 December 2012
Contempt of court proceeding lies with the same court which had passed the decree.
AAVADHOOT. D
(Querist) 18 December 2012
Respected Sir,
Thanks a lot for your valuable reply.
Kind regards,
