Sir, namaste, i want to explain in brief the facts of the case. i filed case against function hall where they have been disturbing others by playing songs in high volume and causing disturbance to restrain the illegal running of the function hall (constructed without getting municipal permission) i filed a case and got temporary injunction order to stop running function hall . The court persons tried to served the orders to the concerned persons, but they refuse to take the injunction orders and refused it, court in turn made them as ex party. Now they are still running the function hall as usual. Next hearing date is posted for 15 days. My question is whether can I approach police to implement court injunction order after submitting certified copies of the temporary injunction from the court? Or should I wait for the next hearing of the court.
if a person refuse to take injunction order from the court means it is deemed to be served or not? once refused and court treated and made him as ex party means temporary injunction order should be in force from the day of court made him as ex party. Now what to do with this case.I have not yet met my lawyer in this regard. i want immediate steps to stop the function l hall which is running illegally and not have any kind of municipal permissions. can i get certified copies of injunction orders from the court? does this certified copy is enough for police people to take action if they run any more functions further. kindly answer to my questions. kindly do the needful .....Thanking you all ...
1) you can approach local police station with certified copies of court orders and request them not to grant any police permission for running functions in the hall
2) seek their assistance in restraining them from holding any further functions in the hall
3) if police does not render any assistance take out contempt of court proceedings against hall management for flouting court orders
Serve injunction order by speed post AD
2) if they refuse to accept service it is proper service
3) you can obtain certified copy of order from court
4) police can take action based on court orders
sir, Court did not ordered to the police directly to stop functions,but Court given temporary injunction orders saying not to run any functions till the permanent orders. The management of the function hall refused the injunction orders and Court admit their refusal and made them as exparty . Now ,can I approach police with certified copy of the injunction order for not to run function hall till case finally disposed. Please do answer
You can seek police assistance in enforcement of court orders
2) if police refuse assistance then you have to take out contempt of court proceedings against the management of the hall
you should immediately proceed before the high court under section 10 of the contempt of court act. high court has vast power to punish for contempt of any order of the its subordinate court. they shall be punished and further stay order shall be vacated from the high court only then they will never breach the order,
if a person refused to receive the order of the court, it shall be deemed that order has served upon him under section 114 of the Indian evidence act. in this condition the court can issue a warrant if injunction order has been disobeyed by them.
1. Police cannot and will not intervene to execute the court order unless there are specific directions in this regard by the court.
2. File a contempt petition against the marriage hall owner and also seek police assistance from the court to execute the court order.
1. It seems that the owner of the marriage hall did not receive the summons issued by the court, hence the court proceeded ex parte against him.
2. As I said before, you should apply to the court to direct the police to execute the court order.
My question is whether can I approach police to implement court injunction order after submitting certified copies of the temporary injunction from the court? Or should I wait for the next hearing of the court.
The police has nothing to do with this.
The police will not interfere in the civil matter.
You can get an exparte order agaisnt the owner of the wedding hall and after the order in your favor , you may file an execution petition to execute the court order.
After this if the wedding hall owner still disobeys the court order, then you can file a contempt petition against him
if a person refuse to take injunction order from the court means it is deemed to be served or not?
once refused and court treated and made him as ex party means temporary injunction order should be in force from the day of court made him as ex party. Now what to do with this case.I have not yet met my lawyer in this regard. i want immediate steps to stop the function l hall which is running illegally and not have any kind of municipal permissions. can i get certified copies of injunction orders from the court? does this certified copy is enough for police people to take action if they run any more functions further. kindly answer to my questions. kindly do the needful
For not getting permission from Municipality, you should have impleaded the local civic body as a respondent seeking direction to the body to demolish the wedding hall constructed without approval and also to restrict the owner from using it by fixing a seal to the doors of the hall.
Police cannot interfere in this matter.
Actually you should have approached the Municipality on this instead of approaching court directly.
What is the reason for your injunction, whether for illegal building or for restraining them from creating nuisance ?
The management of the function hall refused the injunction orders and Court admit their refusal and made them as exparty .
Now ,can I approach police with certified copy of the injunction order for not to run function hall till case finally disposed.
You cannot approach police with the injunction order, the police may not cooperate.
You should get a specific order directing the police to stop them from using the wedding hall