CONTEMPT PET.

Querist : Anonymous (Querist) 30 May 2011 This query is : Resolved
Dear Sir,
Please guide.
There is OS filed about unauthorised construction. The respondent has completed the work against stay order.
1. Is it a contempt or not?
And ,
Do I needs to file a seperate application/case or it can be filed application under same OS wherein hearing is still on.
pls help.

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M/s. Y-not legal services (Expert) 30 May 2011
Sure sir.. If the construction work was completed after the stay mean sure its contempt of court.. You can prove it by producing material evidence like photographs. Even though you just check your case details that still stay alive or stay vacated?

Advocate Bhartesh goyal (Expert) 31 May 2011
Yes,definitely it is contempt of court.File an application u/o 39 r 2A of C.P.C in same suit.

Arvind Singh Chauhan (Expert) 31 May 2011
I do agree with experts.

Guest (Expert) 03 June 2011
You can file a case of contempt of court provided you can prove that the construction was continued and completed after stay order. But make sure whether the stay order was served to the party or not.

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