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Devender Singh   07 September 2022

remedy for disobeying stay order of court

we have acquired stay order of session court for our joint land because other party was forcibly trying to grab the entire plot and then other party appealed to High court where the case is still pending .
Now he is again forcibly trying to construct over the entire plot. he has somehow acquired a electric connection and water connection in his name and has started a business over that plot even in stay order because he is physically and financially strong. police is not helping without court directions to them. where should we complain for contempt of court ? to lower court where suit for permanent injunction was first filed or to High court where the case is still pending?


 6 Replies

Advocate Bhartesh goyal (advocate)     07 September 2022

Jurisdiction lies to file contempt petition in the court  where the suit for permanent injunction is pending and not at Session Court/Hogh Court.

1 Like

Adv. Vaibhav Ingale   07 September 2022

first thing is sessions court deals with only criminal cases. so sessions court can't grand stay. you can approach before the court which gives stay order for contempt of court.
1 Like

Dr J C Vashista (Advocate)     08 September 2022

You have confused facts of the case as rightly pointed out by expert Mr. Vaibhav Ingale, the stay order was granted by High Court where appeal is pending, isn't it ????

If so, approach High Court for initiation of contempt case against respondent for wilful violation and disobedience of orders passed by the Court through your lawyer, who has been engaged by you, well aware about facts and circumstances and conducting proceeding in the appeal case.

1 Like

Devender Singh   08 September 2022

respected Dr JC Vashista thanks for responding. actually we initiated case in trial court where it was dismissed and then we appealed to Additional district judge where the judgement was in our favour. then respondent appealed to High court and case is still pending . presently our lawyer is not giving us proper response hence I am posting here to get unbiased opinion
1 Like

Dr J C Vashista (Advocate)     08 September 2022

If you are dissatisfied with the proper response / opinion / advise / performance of your lawyer it is better to replace with some other local prudent lawyer.

However, if the High court has granted stay against the order passed by Addittional District Judge it has to be obeyed.

If you are located in Delhi and feel so, contact me on an appointment, with relevant records


Devender Singh   08 September 2022

@ Dr. JC Vashista actually High court has not given any judgement against our session court decision.... it's just pending and no proceedings after Nov last year

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