Notice under xxi rule 22 served for exitcution

deepak (Querist) 30 November 2011 This query is : Resolved
Judgement date 20/2/2010 Suit stand decree with cost ,defendent are hereby restrained by order of injunction from working & conducting saloon business in the suit shop. first appeal in highcourt is pending for stay on decree.Defendent pray: appeal the appellant be allowed to pay to the Respondent or deposit in court themouthly compensation of Rs5000/-.First ad-interim order granted on 26/4/2010 the applicate has to pay the amount of arrear withinthe stipulated period of Rs5000/- per mouth. SecOND AD-INTERIM ORDER DATED 14/6/2010 IS CONTINUED FOR PERIOD OF TWO WEEK ON APPLICATE PAYING SUM OF RS5000/- PER. WEEK TILL THEN.ORDER FOR STAY IS PENDING.APPLICATE CONTINUE DOING SALOON BUSINESS STILL TODAY. I have file for exitcution notice under 32(1).I want to know weather can i filed acontempt application for violating the order of injunction passed against defendent if appeal is pending in highcourt.3)application not paying any compensation nor deposit in the court after second ad-interim order. what to do? pleace adivce.

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Devajyoti Barman (Expert) 30 November 2011
You can surely move an application for vacating the stay order due to non complaince of the condition imposed by the high court.
Without perusing the orders it is difficult to comment which one is still valid as two ad-interim order seems a little unusual.

M/s. Y-not legal services (Expert) 01 December 2011
if its possible mean please attach the order copy here..

its can be helpful to clear your doubts.,

Raj Kumar Makkad (Expert) 02 December 2011
As stay has not been granted to the tenant/appellant as on date, you are free to get the judgment of the lower court executed by filing execution petition and pray before high court to dismiss the appeal as he has not complied with the interim direction of the Hon'ble Court. Contempt of court proceeding can also be initiated.