• Regarding civil contempt of court

Hi sir, I have filed a declaratory suit for easementary right of pathway .The court has passed a interim relief in my favour restraining the defendant to cause any hindrance in the pathway. They have also preferred a appeal against the said order in district session court and session court also ordered status quo in all respect regarding path but inspite of order the defendants bent upon to block the passage by digging pits and threatening not to enter the path.we have also lodged a police complaint in this regard but police denied take any action.now we are facing problem to egress and engress our house.Now our advocate advised to file contempt but it is time consuming and take time.But we want immediate relief .What is suitable remedy. Pl guide.
Asked 1 year ago in Civil Law from Udhampur, Jammu and Kashmir
take out contempt of court proceedings and request high court to place case on board for admission for urgent reliefs 

2)if your right of access is blocked HC would issue notice to defendant  why action should not be taken against him 
Ajay Sethi
Advocate, Mumbai
36481 Answers
2031 Consultations

5.0 on 5.0

It may be time consuming but it is the only efficacious remedy in your case if the court order has been violated. The court may at the very first hearing order police assistance in execution of its order. 
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

The desired immediate relief cannot be obtained as per your urgency (at least legal relief). 
If the local police is not effective or supporting then you cannot seek police help at all because it is a civil matter hence the police may not interfere in it. 
You can file contempt petition and also seek the court to direct the police to protect you while the easement path is being restored through court amen  on the basis of an application you have filed to enforce the court interim order in your favor.
T Kalaiselvan
Advocate, Vellore
26454 Answers
268 Consultations

5.0 on 5.0

After obtaining stay order you were supposed to have sent the copy of the order passing the said decision by court to the respondent through court process.You would have been instructed to comply with the said instructions in the said order itself.  If you have not followed up this condition so far,please do it immediately so that even after being aware of this stay if he is indulging in any action violating the court order then you may file a contempt proceedings agaisnt him for not obeying court order.
The police may not be of any help to you if you directly approach them without a court order to assist you under such circumstances.
T Kalaiselvan
Advocate, Vellore
26454 Answers
268 Consultations

5.0 on 5.0

1) we had already advised you to take out contempt of court proceedings .

2) it should not take time if you have case placed on board for urgent admission on grounds of urgency 

3) you can write to district SP that no action is being taken by local police station and enclose copy of court order passed in your case
Ajay Sethi
Advocate, Mumbai
36481 Answers
2031 Consultations

5.0 on 5.0

Neither DM nor SP will intervene unless there is a specific order by the court. So seek court's directions. 
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

1) if local police is refusing to enforce court orders complain to commissioner of police that inspite of court orders police is not taking any action against defendant blocking your passage 

2) fine RTI with police as to what action has been taken on your complaint 
Ajay Sethi
Advocate, Mumbai
36481 Answers
2031 Consultations

5.0 on 5.0

If police is not complying with the court order then apply to the court to summon the police commissioner/ssp to court for contempt of court.
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

If the police are not cooperating and not enforcing the court order, then you may file a petition before court to direct the superintendent of police to instruct he local police to give protection and enforce the court orders. 
Since the matter is before court, the relief can be sought only through court and directly. 
T Kalaiselvan
Advocate, Vellore
26454 Answers
268 Consultations

5.0 on 5.0

1. Can we apply to amend the previous interim order to get it in clear language by mentioning the all square containing the passage

You cannot ask the court to amend the previous order to make it understandable.  If you dont understand the meaning, you may ask your lawyer who will explain them. If police is not cooperating then you may approach the superintendent of police in this regard or again the same court for relief. If you are aggrieved by the order you can take it up before high court for revision.






2 . As police is inactive inspire of court direction and we are facing problem in enforcing the previous court order 

Please Read the above answer for details.
T Kalaiselvan
Advocate, Vellore
26454 Answers
268 Consultations

5.0 on 5.0

you can have papers produced before court and apply for speaking to the minutes of order wherein square numbers of passage are mentioned of the property 

you have to issue notice to defendant that you shall me making application on X date and request defendant to remain present if he so desires 
Ajay Sethi
Advocate, Mumbai
36481 Answers
2031 Consultations

5.0 on 5.0

1) he is only one of the witnesses of the case 

2) if he does not give evidence you will not be able to prove from his testimony wilful disobedience of court orders by the defendant 
Ajay Sethi
Advocate, Mumbai
36481 Answers
2031 Consultations

5.0 on 5.0

The sarpanch if not ready to depose evidence then you cannot force him.

You have to proceed with other witnesses in your side.

You have to rely upon the witnesses now ready to give them in your favor and ignore the sarpanch witness. 
T Kalaiselvan
Advocate, Vellore
26454 Answers
268 Consultations

5.0 on 5.0

1. If police is not following the clear orders passed by the court you may file contempt petition against it.

2. If there is ambiguity in the court order then you may file an application to the court to remove the ambiguity. 
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

If your own witness has joined hands with the opponent then better drop him. If he enters the witness box and testifies against you then it will be the last nail in the coffin of your case.
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

1) you need not examine the said person as witness 

2) court would not compel you to examine him 

3) accused can examine any person as witness if they so desire 
Ajay Sethi
Advocate, Mumbai
36481 Answers
2031 Consultations

5.0 on 5.0

1.  It is not necessary that you should produce your side witness compulsorily before court.  You can decide to discard the witness and proceed with other witnesses in the list, there is no compulsion on you for that.



2.  No compulsion on you for this



3.  The opponent has no right to force you to produce that witness before court, if at all he feels that this particular witness may speak in his favor, let him produce the witness as defence side witness. 
T Kalaiselvan
Advocate, Vellore
26454 Answers
268 Consultations

5.0 on 5.0

1. It is your prerogative to decide whom you are going to examine as a witness. However, once you examine a witness the opposing counsel has the right to subject him to cross examination.

2. The court cannot compel you to examine a witness against your will.
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

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