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Sjksjksjks (proprietor)     27 March 2011

Court to Order Police

*      The interim order was passed and the defendants were restrained from interfering in any manner in peaceful possession of the two flats nos. 1 and 2 and the said interim order is still in force.

*      But the possession of the flat no 1 had already been transferred to third party Mr. GJ in violation of the restrictive order.

*      So the case u/o. 39 R. 2 A was filed before 3 months. Now the next date is about 45 days later.

*      But before about a week by taking matter on Board an application was moved with prayer to order supdt. of police to ensure the peaceful possession of the flat no.1  to the Plaintiff. The Court issued notice to the defendants and the next date is same.

*      But now the plaintiff came from some sources that the third party Mr. GJ is attempting to transfer its right and possession to some fourth party at throw-away price.

 

Q.    So whether the Plaintiff can again take the matter on Board and pray for urgent order to supdt. of police to ensure the compliance of the interim order by peaceful possession of the flat no.1  to the Plaintiff



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 March 2011

Yes.  File an appl.icatin u/o 39 r 1 & 2 restraing the GJ from alienating the property.


(Guest)

YOU MAY FILE A CONTEMPT PETITION UNDER  CONTEMPT OF COURT ACT .YOU MAY PRAY FOR CIVIL REMEDY BY COMPENSATION OR PRAY FOR CRIMINAL REMEDY BY WAY OF PUNISHMENT TO THE OTHER SIDE.

YOU MAY ALSO PUBLISH A PUBLIC NOTICE IN THE LOCAL NEWS PAPER AND MENTION ALL DETAILS OF ORDER AND ALSO MENTION THAT ANY BREACH MAY ATTRACT LEGAL ACTION IN CIVIL /CRIMINAL COURTS.

YOU MAY ALSO SEND A LEGAL NOTICE TO THE PRESIDENT AND SECRETARY OF HOUSING SOCIETY WHERE THE FLATS ARE SITUATED.AND INFORM THEM ABOUT THE ORDER OF COURT AND STAY AND ALSO SPECIFICALLY MENTION NOT TO SALE ,TRANSFER THE SAID PREMICES.

AS IT IS A CIVIL COURT MATTER AND UNLESS YOU GET SPECIFIC ORDER TO THE POLICE FROM THE CRIMINAL COURTS ,POLICE MAY NOT INTEREFERE THE MATTER.SO GOOD LUCK.

 

YOU WILL SUCCEED.GOOD LUCK.


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