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
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 8 years ago in Civil Law
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18 Answers
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.
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.
Sir, the court has passed the stay order in my favour regarding blockage of path by opposite party.but still the opposite party bent upon to block the passage.we also lodged police complaint byt no action taken place.Can we move application to District magistrate or district SP to enforce the court order.Can they are competent to pass any order to enforce the court order becoz contempt proceeding may take some time and my family facing hardship regarding path.pl guide about the power of DC or SP to enforce the law.
Asked 8 years ago
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.
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
Neither DM nor SP will intervene unless there is a specific order by the court. So seek court's directions.
Hi sir, on filing the contempt petition the lower court has passed a order giving direction to local police to enforce the prevailing restraining order of rule 39 section and 2.the come civil judge of junior division has passed this latest order but respondent are not still moving a bit and police is still neutral in this respect inspire of court direction . now what is the speedy remedy to use the existing passage and also a interim relief was given by court. Now being headstrong person they have some political appraoch due to which police is also not working to safeguard these court order or our right to use the existing passage. Pl guide in detail .
Asked 7 years ago
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
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.
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.
Hi sir please refer my previous case history .I have filed a suit for claiming easementary right over the property of other two person by easement by necessity .The court have given me relief by allowing my application under order 39 rule 1 &2.The one defendant have dismantled the passage during the pendency of privous suit filed by him but later on he withdraw the suit when he was unable to prove his case.But court have order the interim relief in vogue language where the court order restoration of the dismantled passage which was running through the south side of the property of one but restrain to creat any hindrance Theiron but without mentioning square numbers of the both parties. Now one party is misinterpreting the order and bent upon to block the passage again by saying that there is no stay over his property although it is clearly naturally understood that running passage is all through the property of the two.also it is immposible to approach our house and field without crossing over the passage of two person.but now they have put barbed wire and dig pits in between the path.now we again approach the court by contempt proceeding.the court direct the local SHO to ensure the dismantle passage but police is still an active and under the influence of defendants.Now pl tell me 1. Can we apply to amend the previous interim order to get it in clear language by mentioning the all square containing the passage . 2 . As police is inactive inspire of court direction and we are facing problem in enforcing the prevous court order .pl guide on detail .
Asked 7 years ago
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.
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
Hi sir , my contempt petition is at plaintiff evidence stage. One of my witness who is Sarpach of my village is now under the influence of opposite party and he is not ready to give his statement about the disobience of court order by opponent although given summons.Previously at written statement stage he has given a statement against the opponent a stating there illegal act but now he is under there influence . I I'm in problem as my witness is now opponent side. What happens when he don't rely upon the statement which he gave previously gave in court.Can he can harm my case ? Pl guide
Asked 7 years ago
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
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.
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.
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.
Hi sir, please refer my previous case history. As I filed contempt petition against my opponent who has dismantled my approach path to my house as well as agri land by voilating the court order through which court ordered restoration previously. Now my petition is at evidence stage. I have given a list of witnesses in the court . one of my witness join hand with the opponents. Now as suggested by you that if I produce that one he shall be last nail in my coffin.So I want to drop that witness. 1. Advise me pl if I can drop that witness those can speak against me in the court .2 or court will compel me to present that one. 3. Or my opponent can ask about that witness before the court ? Pl reply me in detail.
Asked 7 years ago
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
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.
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.