What is contempt the defendant has committed
your query is completely silent on this issue
Joint land issues
I have been granted Ex-parte Injunction related to the title/possession of the assets and one of the assets being the property currently I reside in. Can I still file contempt of court application or any such application for interim relief under my existing partition suit or will I have to file a separate suit for this particular cause of action.
Asked 3 years ago in Property Law
Religion: Other
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9 Answers
If the opposite party has violated or disobeyed the court order of injunction you may file a petition for contempt of court against him before the same court also.
- If the ex-pare order has been passed in your favour related to the assets and property , and if other party is trying to interfere into the same and violating the said passed order of the court , then you can move an Contempt application before the court .
- Further , if this was only an injunction suit then for getting share you can file a separate partition suit .
Dear Client,
You can file an Interlocutory application to the Court, other than a proceeding for interim relief, execution of a decree or order or than filing a seperate suit.
Thank you.
Dear client,
it is not contempt of court when an injunction has been granted and this can only be filed when the party goes against the orders of the court.
Thank you
I have ancestral property in which my grandfather and grand mother were co-owners along with other co-owners. I have been residing at this property since childhood. All the co-owners have been living on this land in different portions with a common understanding. There is a common passage for parking cars but some co- owners are blocking the passage intentionally and have been intimidating me and wife for last couple of years and now our health is also getting affected. Some co-owners occasionally barge into my house without any prior information or intimation and when I object they tell me its common land. I have filed a partition suit and have also been granted Ex-parte Injunction with respect to non disposable of the assets, this property also being one of the suit properties. Kindly, advise what legal remedies can be availed for immediate relief.
Asked 3 years ago
File suit in city where property is situated seek injunction restraining other co owners from disturbing your access to common passage
install CCTV cameras in entrance of your residence and in living room
file police complaint against co owners if they obstruct your right of passage and barge into your house
For your information;
The properties are jointly owned by all the co-owners till this date because there had been n o formal or oral partition happened with proper demarcations, therefore your claim for the property now in your possession may not be tenable in law except that you have to prove and establish the fact of your possession and enjoyment of your portion and by declaring your title to it.
But if the jointly owned or held property, declaration suit also may not be maintainable instead you can file a suit for partition and request the court to allot the property in your possession to you by expressing your willingness to compensate the value to others if your property is having higher value that the portion of properties in possession of other joint owners.
From your contention it can be seen that you have obtained an exparte injunction only to not to alienate whereas you have not obtained an order restraining the respondents from interfering in the peaceful enjoyment of the proeprty in your possession.
However if you state the the opposite parties barge into the portion of property under your possession, it can be treated as an illegal trespass, for which you can seek relief through criminal law either through police or by filing a private criminal complaint directly before a judicial magistrate court.
Whatever, you may file a petition agaisnt the intruders for contempt of court action agaisnt them for indulging in such illegal activities especially during the subsistence of an injunction order.
Yes you can file the same
- Since, the injunction order has granted by the court , then due to non compliance of the same , a contempt petition can be filed against them.
- You can lodge a complaint before the police after submitting the proof of Injunction order of the court ,and ask for taking the legal action against them.
- If no response, then file an application for contempt before the same court for lodging an FIR against the culprits.
Dear Client,
Since the other party has not followed the injunction order of the Court, you can file a contempt petition in the same court.
Thank you.