• Injunction violation

We had a dispute on pathway with another person, we have filed a case and a commission visit/report was arranged. Commission has clearly marked all facts related to the pathway and  an injunction was issued by the court. Now other party has gone ahead and  partially demolished the pathway using some anti-social gang. Now pathway is not in usable condition.

How can I get some quick remedy to restore the situation.
Asked 1 year ago in Civil Law from Qatar
1) if defendant has violated court orders and demolished pathway take out contempt of court proceedings against the defendant 

2) court will take serious view of violation of court orders and take action against the defendant 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hi sir/madam, you have to file Interloculatory Application for contempt of court order and to attention will carry about the same to the Hon'ble Court. The court may be pleased to pass an necessary order for this. It is the quick remedy for the restore situation. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
You have to file a contempt of court case on him which will enable the police to arrest him and he will arrive at compromise fearing remand. 
This will help you in restoring the  pathway as well as your rights in it for your proper use.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. Lodge a police complaint against the same person who has violated the Court Injunction,

2. If the police fails or refuses to take any remedial action, file a Writ Petition before the local High Court against police inaction praying for a direction upon the police to act immediately and bring to book he violators of the Court Order.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
The demolition of the pathway in part, if forbidden by the court, amounts to contempt of court. You can initiate contempt proceedings against them in the court. This apart, you can also file a lawsuit to claim heavy compensation for the loss which has occasioned to you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) it may take around a year for contempt petition to be heard 

2) you can in the meantime complain to local police station and enclose copy of order passed by court granting an injunction restraining neighbour from obstructing your right to use the pathway 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
If the defendant is indulging in violent activities by obstructing or interfering in your activities violently and illegally, you can make a complaint with the local police, if hey fail to take any action stating that this is a civil matter, you may approach the district higher police official with the same complaint where you will certainly get some relief by a direction order.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
An application under Order 39 Rule 2A CPC was a correct remedy available to you now.
If at all there was any violation of an injunction order, for enforcement of your right under the injunction, you have  remedy of making an application under Order 39 Rule 2A CPC or an application under Section 151 CPC.
Rule 2A of Order 39 reads as under :
"2 A. Consequent of disobedience or breach of injunction.--(1) In the case of disobedience of any injunction granted or other order made under Rule 1 or Rule 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 one 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 be the balance, if any, to the party entitled thereto."

Now you can file a petition for restoration of the pathway and also have prior if the defendant is not maintain the pathway you have restore the same in old condition and the cost will levied from defendant .
file a commission application for  providing the present situation  or picture of the pathway before the court .
After that file a prosecution petition against the defendant and attach the property of defendant or send them jail.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Police complaint and court order in connection with the resultant writ petition against police inaction may take around one month,

2. This is he quickest way to get remedy,

3. You should follow he same legal procedure against his stopping you to carry building material through the said pathway.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
The contempt proceedings should not take long to culminate. To remedy the force employed by the defendant you should seek court's directions to police to remove it,
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi sir/madam, you should approach and placed these things with photos and etc., before Hon'ble Court the Hon'ble court will pass necessary order in this regard. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

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