Can I file a Contempt of court against the plantiffs?
We have a 10 acres of land in my village. This is ancestral property inherited by way of giftdeed by my
father from his maternal uncle whose daughter he has married. My father uncle had 3 brothers and the
total land is divided among them and my father got his uncle share of ancestral property by way fo gift
deed in 1958. our share of land falls on position 3(S3) from East.
The share holders will be called S1,S2,S3 (from East)
Actual giftdeed says 8.5 acres of land is gifted to my father, but on the land we have 10 acres of land.
we have been in possession of such land since 1958. But in 1995 one of the partners(S2) made a fruad
registration of 1.5 acres of S1 partner and got Passbooks and title deed for 13.24 acres.
The plaintiffs(co-share holders of ancestral property) went to court saying that they have 13.24 acres of land in x,y survey numbers
from a long time and we are distrubing the peaceful possession of their land.But the plaintiffs could not prove that they are in actual poseesion in 13.24 acres beyond doubt and hence the verdict was pronounced in 2004 against the paintiffs and in favour of us.Plaintiffs after loosing perpetual injection order and civil suite some 12(2004) years ago are now by brute force and threatning blocking cultivation of our agricultural land.
The actual bone of conetention is 1.24 acres of land between us and the plaintiffs out of the 13.24
acres of the suit scheduled land.
Plaintiffs didn`t go for appeal in a higher court but blocked 1.24 acres of our land from cultivation which
they claim will fall on their share. We are not cultivating that piece of 1.24 acres of land from last 8
But now the plaintifs by the way of brute force and threatning are blocking our entire 10 acres of land
saying that unless we give off the 1.24 acres of land from our share they will not allow us to
continue farming. They are more in number and decided to grab our land. Our land records are not clear
and full of joint pattas with our other share holders to go to court to get injection order.
We have complained about the same to Mandal Revenue Officer(MRO). MRO ordered a enquiry Mandal Revenue Inspector and the Village Revenue Officer
conducted a field enquiry and submitted a written report confirming that the plaintiffs are blocking us from cultivation of our land.
my question is,
Can I file a contempt of court case agaisnt the plaintiffs, as they are blocking our
land and threatning going against the court verdict in a case which is filed by them against us?
Asked 2 years ago in Property Law from Hyderabad, Telangana
1) it is necessary to peruse court order to advise
2) if your neighbour is obstructing your usage of land you have to move court and seek injunction restraining neighbour from doing so
3) enclose copy of court order passed in your favour
4) also file police complaint against neighbour for trespass
Contempt of court is not made out as the suit of the plaintiffs was dismissed, so there was no direction that had to be complied. The remedy for you is to file a suit for injunction to restrain them from dispossessing you of your land.
You can file a contempt of court case and a criminal complaint against the plaintiff's as they are violating the court orders.
Also hopefully you had submitted the court decree in Revenue office and got the patta's mutated in your name based on court decree. if you have not done this, kindly get this done
You can file an injunction suit against them for restraining them from interfering in your peaceful possession and enjoyment of your property.
There is no reason for initiating the contempt of court proceedings against them because they have not done anything con tempting the court order..
can` t the revenue authorities, police book the persons under Tresspass act, as they are obsutructing peaceful possession of my land? Can I go to the Superintendent of Police (District SP), collector, with an application to order the M.R.O (Teshildar) or the local area police to take necessary action? as going for injunction order to a court will involve costs and take time to get it?
Asked 2 years ago
They are certainly liable to be prosecuted for criminal trespass. File a criminal complaint and if police does not take action then go to court. Injunction is the ultimate remedy though, which will cost you in terms of the fee of your lawyer.
You may get it even on the first hearing.
You can file police complaint of criminal trespass against accused if they have encroached on your land
2) if local police are not taking action on your complaint fle complaint with supdt of police
3) you can also move court as advised earlier
Since this is a matter to be solved by civil court, you have no option than to file a civil suit.
Actually for such illegal and arrogant activity of the opposite party, you can move the police station with a criminal complaint agaisnt them for land grabbing and other offences, but the police may not cooperate stating that this is a civil matter hence you dont have an option than to approach court with a suit for mandatory injunction restraining the opposite parties from interfering in your possession and enjoyment as well as for possession of occupied property.