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Remedy if neighbour is violating the injunction order by court


23-Apr-2023 (In Civil Law)
Dear Sir, Our neighbor damaged our drinking water pipelines connected to a pond saying that the land where pipes are put belongs to him. We have taken temporary injunction order on 12-Apr-18 for not to obstruct and the first hearing is scheduled on 26-Apr-18. Even after we took the injunction order, he is not allowing to take water. We gave police complaint to Circle Inspector and local sub-inspector did the spot inspection and went back. The inspector called us to discuss further on this tomorrow. He is very influenced person and hence we don't think the police will support us. Is there any other option? Our lawyer said that issuing instruction order to policy from the court is not possible as our injunction order is not yet confirmed. Once defendant files objections, then we can issue order to police for their protection. We don't think the defendant is going to attend 26-Apr-18 hearing. Court holidays start from 28-Apr-18; we will have to get water before that. Please suggest. Tks.
Answers (3)

Answer #1
952 votes
If you have an ex-parte interim order in your favor you are well within your right to initiate contempt proceedings against the defendant for violation of the court order. However please note that you may not get immediate relief since there a a set legal process for the same
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Advocate Ramakrishnan S.

Adv. Ramakrishnan S.

LawRato Bangalore / Bengaluru | 50+ Answers
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Answer #2
674 votes
Get the case advanced and file a application for contempt of injunction order under order 39 rule 2a for disobedience of order passed by court. If police does not support you file a private complaint with jurisdiction magistrate.
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Advocate Swarnarka Chowdhury

Adv. Swarnarka Chowdhury

LawRatoMysore | 400+ Answers
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Answer #3
621 votes
If the injuction order is served to defendant and knowing fully well if he continues to obstruct then you file application seeking remedy on the ground of disobeyance of interim order and also you can get police aid by filling an application
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Advocate Santosh R Kolkar

Adv. Santosh R Kolkar

LawRatoBelgaum | 50+ Answers
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