contempt in case.

Rauf Jalal (Querist) 15 July 2011 This query is : Resolved
There is dispute between 2 sisters with there 2 cousin brother over a piece of property which belonged to the mother of the 2 sisters. The two cousin brothers produced forged documents in the collectors office regarding the mothers property of the two sisters and took the compensation which was given for the property in respect of road widening.
A case was filed in the district court and the judge gave a stay in the case but later the case got dismissed due to the fault of the lawyer as he did not appear on the date the case was listed. But a restoration application was filed the same day but it took 6 months for the case to restore.In this time of dismissal the two brothers managed to get half the compensation released..The judge restored the case to its original status.
Now a contempt application is filed in the court, is it maintainable.Is there any judgement which can be shown to the judge to prove that even if the case was dismissed (not on merits)the compensation could not be released.
Is there anything else that can be done.

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R.Ramachandran (Expert) 15 July 2011
Strictly speaking, there is no contempt involved in the matter at all.

At best, you can move an application before the court for directing the defendants (cousin brothers) to deposit in the court, the amount of compensation that they received till the finalisation of the case, as otherwise, the valuable rights of the plaintiff's would get frittered away.