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Binding a Third party in contempt to an injunction order


25-Jul-2023 (In Civil Law)
I got an injunction against 2 of my brothers for not using a property. But another brother of mine (who was not a party to the injunction order ) started using the property claiming that he is not bound by injunction as he was not a party. I got him impleaded as a party but he is still using the property saying he has challenged the order ( in high court) which made him a party. Now, how can the trial court restrict him from using the property? Can trial court (adj delhi) bind him to the injunction order so that he can he stops using the property which is a contempt? Otherwise my injunction order is going waste completely. I'm the high court also be is wasting time as summons are not served to me even after 2 years? My question is how can the trial court bind him to the injunction order, as he was not a party then but now he is openly disobeying the injunction? #The property is ancestral but partitioned between all the brothers.
Answers (1)

Answer #1
724 votes
If your brother has been successfully imleaded in the suit, then he is bound by the stay order. Although the order has been challenged by him and there is no stay, you should file a contempt against him.

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