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temp injuction order refused by opposite and made them as exparty
21-Aug-2023 (In Civil Law)
Sir, namaste, i want to explain in brief the facts of the case. i filed case against function hall where they have been disturbing others by playing songs in high volume and causing disturbance to restrain the illegal running of the function hall (constructed without getting municipal permission) i filed a case and got temporary injunction order to stop running function hall . The court persons tried to served the orders to the concerned persons, but they refuse to take the injunction orders and refused it, court in turn made them as ex party. Now they are still running the function hall as usual. Next hearing date is posted for 15 days. My question is whether can I approach police to implement court injunction order after submitting certified copies of the temporary injunction from the court? Or should I wait for the next hearing of the court.
You have to get the temporary injuction order absolute and after getting the order copy you can file police protection petition for the same. And you can also file disobedience of court order with the sane
Helpful?
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Adv. Gangapuram Rajender
Hyderabad | 25+ Answers
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Sir/Madam,
What was your prayer in the perpetual injunction suit as well as in the temporary injunction petition? Did you seek for police aid/protection against the defendants? If so, court should exercise its inherent power under Section 151 of the Code and direct the police authorities to render assistance to you in order to see that the court's order is implemented. A Civil Court can grant police aid for implementation of injunction order u/s 151 of CPC. However, f you did not make a specific prayer for police aid in your petition, you can file an Interim Application (I.A.) asking the court to grant police aid on the ground that the Respondent/Defendant failed to implement the order of temporary injunction. The court will direct the police to do the needful.
What was your prayer in the perpetual injunction suit as well as in the temporary injunction petition? Did you seek for police aid/protection against the defendants? If so, court should exercise its inherent power under Section 151 of the Code and direct the police authorities to render assistance to you in order to see that the court's order is implemented. A Civil Court can grant police aid for implementation of injunction order u/s 151 of CPC. However, f you did not make a specific prayer for police aid in your petition, you can file an Interim Application (I.A.) asking the court to grant police aid on the ground that the Respondent/Defendant failed to implement the order of temporary injunction. The court will direct the police to do the needful.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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you can file a petition under order 39 rule 3A and 4 seeking assistance of court in mode of police aide to implement the order then only you can implement you execute order in your favour with the assistance of court
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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