Mahima Mahima 15 June 2020

contempt of court

There was a suit against the encroachment of land ,in which court ordered Perpetual and mandatory injunction of the encroached land and handed over the land after applying for an Executive Petition.And later it was and is in our possession.But now the same person Defendant has once again encroached the same part of land.How to approach this case where there is an violation of court order and tresspass also.How to proceed in this Contempt of court in this case

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4 Replies

P. Venu (Advocate) 15 June 2020

Facts posted lacks clarity. Was it a final judgment or an interim order? What do you mean by Executive Petition?

jagadish (mans) 17 June 2020

Sir It's a final order ,which was ordered in 2010 ,Later an Executive Petition was filed in 2014 to get the possession of the encroached portion and which was executed on 30/1/2018.Since this date it's in our possession ,But this year they have trespassed and have crossed our border and have made Agri activities that is sowing in our field thus violating the court decree. Thank You Sir

P. Venu (Advocate) 21 June 2020

In my view, in the light of the facts stated, a contempt petition could be filed. However, it is only the High Court which has the powers to conduct the trial, once the charge has been framed and issued.