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imroz ali ahmed (self employed)     24 April 2020

Contempt of court in civil suit

Dear sir/madam,
My mother filed a partition suit on my uncle few years back.after hearing the matter court granted temporary injuction in favour of my mother. We have submitted this injuction order to sub registrar to avoid further registrations. Recently I came to know that my uncle registered that property in favour of his daughter . I don’t know how sub registrar allowed this registration.

Now my uncle’s daughter took loan on that property and constructing a building there.

whether I have to file contempt on both uncle and his daughter or only on uncle. My advocate is saying that the contempt is applicable only on uncle and he is not willing to file it on his daughter. 

Please provide valuable suggestions



Quick Summary
A user's mother obtained a temporary injunction in a civil partition suit, which was subsequently breached when the uncle registered the property to his daughter. The daughter has since taken out a loan and begun construction. The user is seeking advice on whether to file a contempt of court petition against both the uncle and his daughter, or just the uncle, as their advocate is only willing to proceed against the uncle. Suggestions include filing contempt against the uncle and potentially an interlocutory application against the sub-registrar for violating the court order.

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 April 2020

You can go for appeal on your uncle only for permanent injunction in place of temporary injunction. 

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     24 April 2020

Dear querist,

Yes contempt petition can be filed against your uncle and not on his daughter.

Regards,

 

1 Like

imroz ali ahmed (self employed)     24 April 2020

Sir How to stop the sanctioned laon amount to his daughter from bank ?

shamataneja (Advocate)     27 April 2020

Yes u can file a contempt against ur uncle only. U also take out interlocutory application against the sub registrar that is public authority for violating the courts order. Shama Taneja tanejashama@rediffmail.com
2 Like

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