Issue legal notice to society to comply with HC orders
2) if they fail to do so take out contempt of court proceedings against society and its office bearers
Society not following court order
Hello, My grandfather won a case to have land allotted in 2001.The high court of Andhra Pradesh has ordered the co operative society of one of the colonies in Hyderabad to allot him a land.This has been dragging for 20 years and my nana passed away last year.But we are entitled to the land How can they not listen to the court.What can we do.I have the order me clearly stating the case.Have tried to reach to people in Hyderabad but people are just trying to earn mony.can we get the land and also sue for harassment and damages
Asked 2 years ago in Property Law
Religion: Hindu
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9 Answers
Dear Sir,
1.If you are faced with a situation where a party is not following a court order, you may be able to file a motion to have him or her found in “contempt”. Contempt is a legal term which means that a person is deliberately and intentionally not following a court order. The remedy for a contempt can range from financial sanctions, jail time and attorney fees.
Thank You!
Limitation for seeking execution of a decree of Court is 12 years. The decree passed 2001 is timebarred. It the process of execution has commenced within 12 years of passing of decree and going on you can expedite that. But if you want of enforce the order now, it is not possible. This is the hard law, absolute and certain. It may not please you.
a contempt application must be filed in the high court immediately against the society for not following the court's orders.
The legal heirs of your grandfather should file an execution petition before the executing court to execute the orders of the court in this regard.
You must ensure that it is not more than 12 years from the date of the order while filing the execution petition.
You can intiate contempt proceedings against them if they are not abiding with the orders
- Since the Court has already passed the order in favour of your grandfather , then the cooperative society is under the legal obligation to comply the said order , and a refusal is contempt of the court.
- You being the legal heir should file a Contempt petition before the same court which has passed this direction ,
- The Court has power to execute the said order and to teach a lesson that society.
20 years is very long period. You have to certainly explaining the reason for delay by letters, reply etc which were written to society.
As legal heir, you can proceed with the case.
Court order have to executed. Society is at contempt.
Dear Querist, in relation to your query my opinion is as follows:-
1. You can file an execution Petition in the court and afterwards court will appoint a court person who will execute the decree passed in your favour.
2. You can file a separate suit or criminal case against the neighbouring people who have harrassed you and your family.
3. In case you file a civil suit, compensation in the form of money can be granted in your favour, but you have to pay court fee According to your compensation demand prior to filing the civil suit.
4. In case you file a criminal case, the accused persons will be punished According to IPC laws.
5. You can choose appropriate remedy or remedies as per your wishes.
6. You are free to pursue both cases as well.
In case of any further query, feel free to call.
