Police assistance
Ria
(Querist) 10 December 2010
This query is : Resolved
Respected experts,
Mine is a regular civil suit for injunction and damages, against the house owner staying above my flat for damage caused to the walls of my flat due to leakage from her flat. The matter is before Judicial Magistrate Junior Division.
I have got an Exparte ad interim injunction in my favor and also the opposite party has now appeared in the court, but the Defendant has not complied with the Exparte ad interim order, following which I have filed a contempt of court application.
The Defendant had raised a jurisdiction issue which has also been ordered in my favor with costs, however the defendant has failed to give me the costs ordered by the court.
1) Can I ask the Judicial magistrate Junior Division for police assistance to compel the flat owner to stop the leakage & comply with Injunction order ?
2) Does the Judicial Magistrate Junior Division have power to grant police assistance under the CPC ?
Arvind Singh Chauhan
(Expert) 10 December 2010
Yes file an application under Sec 151 CPC for this, before court.
Surrender K Singal
(Expert) 11 December 2010
Keep the concerned Court duly informed of the developements for necessary suitable directions on your applications under CPC
Advocate Bhartesh goyal
(Expert) 11 December 2010
To seek police assistance file an application before court u/s 151 of c.p.c.
Arun Kumar Bhagat
(Expert) 11 December 2010
File application u/s 151 CPC for Police Assistance.
Ria
(Querist) 13 December 2010
I have filed an application under u/s 151 CPC for Police Assistance. But the court says I cannot grant it as it does not have the powers to grant police assistance in matters related to willful leakages
