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Srinivas (Director)     04 December 2012

Contempt of court petition

 

If one of the co-owners (A) in a unpartitioned property gets an interim injunction agaisnt another (B) from changing the "nature of the property" and subsequently B rasies a construction. 

 

Is it possible for C (another co-owner) to file a contempt of court petition. Can only A initiate action against B?

Can "C" seek demolition of the constructions?

Can someone please let me know the major steps in the life of a contempt of court petition.

thanks.



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 5 Replies

surjit singh (Assistant)     04 December 2012

Although C was not a party to the proceeding, when there is a violation of the court's order he can approach the court. It is to be made clear that court can of his own initiate contempt proceeding against the contemner it it comes to its knowledge. So C can inform the court about the violation of the order.

Srinivas (Director)     12 December 2012

Dear Surjit Singh,

 

Does the contempt petiton need to be filed in high court? When filing a contempt petition can we pray for demolition of the illegal structures?

 

thanks,

surjit singh (Assistant)     12 December 2012

You have to file for contempt under Order 39 Rule 2A of the CPC,  before the court which has granted the injunction.  The contempt should not be filed under the contempt of court Act. In your applicaton under O39 R-2A you can pray for restoring the nature and character of the suit land as on the date of passing of the injunction.

Srinivas (Director)     12 December 2012

Thanks for the quick and to the point reply. In the above example can "C"  file petition under O39 R2A? 

surjit singh (Assistant)     13 December 2012

Yes "C" can file this application, but the problem is that in lower judiciary the judges want to follow a straight forward procedure, so you have to take a lawyer who can convince the judge of the lower judiciary, because when an order has been disobeyed intentionally,  the court of its own can suo-moto take cognizance of it, so in this context anybody who is not a party to the proceeding and has interest in the property can definitely file the application under O39 R2A.


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