Order 39 rule 1 and 2 r/w section 151 cpc

malashree (Querist) 31 July 2012 This query is : Resolved
The court has passed an order for restraintng the Defendants fron constructing or parting with possessuin in any manner, to creat a third party interest in property in du\ispute. The Defendants have rentented out one floor of the suit property which is in their possession.
(i)Can Plaintiff file a contempt?
(ii) Under what Rule of CPC?
(iiI) Kindly give the relevant judgements of high court and Supreme Court in the matter?

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Adv.R.P.Chugh (Expert) 31 July 2012
Yes O.39 R2A is the provision attracted. In this property of wrongdoer can be attached and even civil imprisonment may be ordered

prabhakar singh (Expert) 31 July 2012
Tayabbhai M. Bagasarwalla reported in 1997 (3) SCC 443.
available also on
http://www.indiankanoon.org/doc/1216722/

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