Police assistance
Ria
(Querist) 09 September 2010
This query is : Resolved
I have received an exparte ad-interim order im my favor directing the defendant to immediately take action to stop leakage from her flat.
She has not taken any preventive measures yet. Can I approach the police with the interim order so as to force her to comply with the orders ?
Arvind Singh Chauhan
(Expert) 09 September 2010
You can initiate contempt Proceeding against her under Order 39 Rule 2-A. You may move application under Sec 151 CPC to court for issuing direction to police to execute the interim order.
s.subramanian
(Expert) 09 September 2010
Yes. i endorse the view of Mr.Arvind.
pravir singh
(Expert) 09 September 2010
your solution - Civil Procedure Code (5 of 1908) O.39, R. 2-A — Temporary Injunction — Violation of — Court can grant police aid exercising its inherent powers for enforcement of temporary injunction — Otherwise interests of litigants cannot be protected against party, who violates temporary injunction order. (Para 11)
Hon'ble Judge(s): ASHOK B. HINCHIGERI ::
Citations :: 2010 (1) AIR Kar R 271 :: AIR 2010 (NOC) 287 (KAR.) :: 2010 A I H C 1310 (KARNATAKA HIGH COURT) ::
S.N.Derashri
(Expert) 09 September 2010
You have to submit an application u/o 21 for execution of the order and court u/o 21 R.32 will get the order implemented either by providing a police help to you or on non compliance of order may confer hom civil imprisonment.
