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Question Regarding To Highcourt Order
17-Jan-2025 (In Property Law)
We have a property in the form of a house on which some people have illegally occupied, regarding which we have filed a suit for mandatory injunction in the district court. It has been 1 year since the suit was filed. In this regard, we went to the High Court for direction where the District Court lawyer prepared an application under section 151, which we filed in the High Court as prayer.
After hearing the entire case, the High Court passed an order for 6c and fixed a time frame of two months. Now the District Court lawyer says that this order has been passed under 6c and it will not be implemented, whereas the High Court lawyer says that this order has been passed under 6c, so file this order in the court. Whatever the court orders, after that the application for 6c should be filed.
Please guide what should be done and what procedure would be appropriate.
Sir
For better response we need to see all orders and Applications because your query is missing about exact content of petition and application as well as Orders dof the Court.
This is for your information
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Adv. Sanjeev Srivastava
Ghaziabad | 50+ Answers
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you should file a suit for injunction to get the court to direct the occupants to let go of the possesion . you should have all the necessary documents and then you have already approached the high court
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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Guidance on Procedure:
Since the High Court has already passed an order under 6C and set a timeframe of two months, the following steps should be taken:
File the High Court Order in the District Court:
The order from the High Court needs to be officially submitted before the District Court so that the lower court can acknowledge and act upon it.
This is necessary to ensure the District Court takes cognizance of the directive issued by the High Court.
Respond to the District Court's Objection:
If the District Court lawyer claims that the order under 6C will not be implemented, a clarification should be sought regarding why the order is not being followed.
You may request the District Judge to provide a reasoned order if they refuse implementation.
Application under 6C in the District Court:
As advised by the High Court lawyer, after filing the High Court order in the District Court, you should file an application under 6C in the District Court.
This application should emphasize the High Court’s direction and request necessary action.
If Non-Compliance Persists:
If the District Court still refuses to act on the High Court’s order, a contempt petition can be filed in the High Court against the District Court for non-compliance.
This will compel the District Court to enforce the order as per the High Court’s directive.
Conclusion:
File the High Court order in the District Court.
Apply under Section 6C in the District Court as per the High Court lawyer’s advice.
If the District Court refuses to implement the order, move a contempt petition in the High Court.
This process ensures that the High Court's decision is enforced properly, and you get the relief you are seeking.
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Adv. Upendra Nath Pandey
Allahabad | 25+ Answers
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