• How to put government lock on disputed property

On a disputed Property , there is a Status Quo order from JSCC . While opposite party has started some construction work on disputed property , making government Id-Card ( Like : Voter ID , Aadhaar etc.) with the address of disputed property . 

I have my own house near to disputed parental property and opposite party lived another city . After the Case one member of opposite party reside in the house .
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

1) apply for appointment of court receiver for the property

2) mention that contrary to status quo order defendant has flouted court orders and carried on construction on said property

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

If there Is status quo then the opposite party cannot construct work file a contempt application under order 39 rule 2A CPC. The court can arrest him and send him to simple imprisonment or attach his property.

Order 39 rule 2A

2A.Consequence of disobedience or breach of injunction.- (1) In the case of disobedience of any injunction granted or other Order made under rule 1 or 2 or breach of any of the terms on which the injunction was granted or the Order made, the court granting the injunction or making the order, or any court to which the Suit or proceeding is transferred, may Order the property of the person guilty of such disobedience or breach to be attached, and may also Order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the court directs his release.

(2) No attachment made under this rule shall remain in force for more than tone year at the end of which time, if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) If the property is in dispute or litigation than you can put Notice board on the property or Injunction from court to stop the construction.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir file an application before court under Order 39 rule 2 A since the court has order to maintain status quo this is breach of the order of the court further the court can take action against the person.

2A.Consequence of disobedience or breach of injunction.- (1) In the case of disobedience of any injunction granted or other Order made under rule 1 or 2 or breach of any of the terms on which the injunction was granted or the Order made, the court granting the injunction or making the order, or any court to which the Suit or proceeding is transferred, may Order the property of the person guilty of such disobedience or breach to be attached, and may also Order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the court directs his release.

(2) No attachment made under this rule shall remain in force for more than tone year at the end of which time, if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.

Further the breach of court order amount to the civil contempt of court and the person can penalised and the court can pass such order to effectively implement its order,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Please move a contempt petition in the respective Court regarding the violation of court order by the opposite party repetition shall be moved in the same court who has passed the stay order

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Firslty, when you have been fighting the case, and having the status quo order in their favour then they should be aware about the fact that the status quo means as it is at the time of order been passed.

Secondly, if still somebody doesn’t comply with the order then you can file a contempt case for non compliance of the order in the high court of the state.

Thirdly, you will definitely get some relief the moment you file the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You should file an application in the same court which had granted you status quo orders. for contempt under Order 39 Rule 2A of the Civil Procedure Code for violation of the court order to maintain status quo in the suit property.

A person guilty of such disobedience is liable to be detained in the civil prison for a term not exceeding three months, unless in the meantime the court directs his release.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. Opposite party has committed contempt of court order

2. You have to file a contempt petition in high court against the opposite party

3. Court will order him to pay fine and may even send him to judicial custody

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

If they have a status quo they can't start construction. You can file contempt in Court.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

If the opposite party is making constructions without caring for the status quo order then a contempt of court application may be filed before the same court against the person violating the order.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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