Petition Under Order 39 Rule 2 A Read with Section 151CPC.

Querist : Anonymous (Querist) 24 November 2009 This query is : Resolved
A staus qua order has been passed by civil judge-1 court in application under Section 151 CPC,no civil suit filed or pending by the applicant ,Respondent disobeying the order of staus qua for which applicant has filed application Under Order 39 Rule 2A Read with Section 151CPC.Whether the Present application is maintainable against the respondent or not ? referred with case law please.

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niranjan (Expert) 24 November 2009
Sorry your question is not understandable.Appl.is filed in the suit or in appeal.

Raj Kumar Makkad (Expert) 24 November 2009
Latest judgments of SC show that in such cases, the applicant/petitioner/plaintiff should file petition seeking execution of stay order though there is no bar to file petition under Order 39 Rule 2A read with section 151 of CPC which also includes the execution and even civil imprisonment on the failure of the respondents/defendants to comply with the order passed. The execution of the order should specifically pleaded.

Devajyoti Barman (Expert) 24 November 2009
If the opposite party violates the order of injunction , the applicant surely can file petition for violation of the order u/o 39 R2A of CPC.

Anish goyal (Expert) 24 November 2009
Agree with raj sir

adv. rajeev ( rajoo ) (Expert) 25 November 2009
How come court has granted the status quo order only on the basis of the application. It is wonder.
To file a such application case must be pending.
If the judge has passed such an order only on the bare application then he were non practicing advocate and might have been appointed by influence.

adv. rajeev ( rajoo ) (Expert) 25 November 2009
how come order is pass ed by the judge, itz wonder.
This application is an interrium application which will be filed in the suit or in an appeal.
I think judge must be aware of these /