Contempt order

When a party inentionally disobeyed the dictum / orders /directions passed by competent Court / Tribunal / Authority it tentamounts to purjury / contempt.

In the instant case the defendant did not create any third party interest and/ or parted with possession of suit property, it would not attract the provisions of "contempt". 

Greetings Sir

The defendant has created third party rights in all 3 premises.  I have leave and license agreements with fresh contempt for two properties till 2027 and 2028.

The 3rd property i have photos with doors opened and no lock. The balcony doors are opened and AC installed. 

My question is for part with possession can you advise on this how in my case does it comes under my contempt or not.

As defendant advocate says there no contempt. Please help me on the above order and advise me.

Thank You

Ashok Cardoz 

If the court order has been disobeyed then there's a possibility for initiating contempt proceedings.

What exactly is the Court Order and how it has been disregarded/disobeyed?

1.   This is a clear restraining/ temporary injunction order. Disobedience of such an order attract contempt jurisdiction/ inherent power of the court.

2.  The court is restraining the defendant from dealing with the property in any manner whatsoever.

Order passed by court if disobeyed by defendant then it definitely comes under purview of contempt of court..

Dear Sir 

This exactly what the order is from High Court of Mumbai 

Advocate for the Defendant applies for time to file reply. Time is granted. However the Defendant shall not alienate, encumber, part with possession, sell, transfer, dispose of or create any third party right in the 3 properties described in paragraph 1 of the Plaint at Exhibit A to the Plaint until further orders.  

Thanks n Regards 

Ashok 

You can proceed with filing a contempt of court proceedings for disobedience of court order.

Well analysed, opined and advised by learned senior experts, I endorse it.

Proceed in contempt before competent court.

Dear Sir

I need to know part with possession, how it works in my case as the defendant has given the properties on leave and license. Please advise.

Thank You

Ashok 

How could there be a defendant in proceedings before the Bombay High Court unless it is a civil suit filed in the Original Side?

What is the Case No.?

Civil/ Criminal and Contempt already filed 

If you have already filed the contempt case then what is your query here, is it a test of knowledge of experts of this forum.

You are stated to have been in possession of the suit properties on the basis of "leave and licence" and an injunction cannot be granted to a tenant.

If you have already filed civil/criminal contempt, as stated herein above, what is the purpose of posting this query ?