Punishment for injunction violation

ROJA shree (Querist) 24 November 2013 This query is : Resolved
Civil Court has granted temporary injunction to my father’s ancestral property and main suit is pending disposal . But inspite of that, one 3rd person committed breach and trespassed. So We have filed separate IA petition for his injunction violation, as per O.39, R.2 (A) CPC.
My question is,
1. If violation is proved, will the 3dr person be awarded 3 months civil prison as per O.39, R.2 (A) CPC or
2. 2. What is the punishment for violation of injunction ?

Follow Query

Report Abuse

J K Agrawal (Expert) 25 November 2013
Party not to the suit or not standing in shoe of party is not liable for any punishment under O 39 R 2A CPC.

Devajyoti Barman (Expert) 25 November 2013
Why do you not read the book, it is all there.
We do not reply academic query.

Ms.Nirmala P.Rao (Expert) 25 November 2013
As per section 2A of order 39 CPC the court may attach the property and may also sentence the person for not more than 3 months imprisonment for breach of or disobedience of injunction order and the said attachment shall remain in force for one year and after that if the breach continues, the Court may sell the property and apply the sale proceeds for payment of such compensation to the injured party of the breach and balance if any, to the party who committed the breach or disobey the injunction order. If you wish to thank me for this reply please click the thank you button on my profile.