CONTEMPT TO COURT ORDER : FORCEFUL CULTIVATION OF LAND
3 years ago
Dear Sir,
We had filed a Civil suit over our 3.26 acres property, which was transferred through forgery of documents. The hon'ble Civil Court in Patnagarh has given judgement in our favor on 29.02.2020. But the defendants have forcefully cultivating the land ( 3.26 aces) in collusion with local police. They have not even appealed for the judgement also. For last 12/14 years, since they purchased the land, were not in possession of the land also .
Till what time the defendants can go for appeal ?
What is the immediate legal course of action available to me ?
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Raj Kumar Mishra
Responded 3 years ago
Secondly, the order can be challenged within the same district court in 30 days, but in High Court 90 days time be granted to file an appeal.
You've ultimate REMEDY during this COVID-19 PANDEMIC to approach the police authorities for intervention. If they don't proceed, you can approach SDM under Section 145/146 Cr.PC to resolve the matter peacefully.
Apart from that if court is running properly, you must initiate contempt proceeding against the defendant.
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Adv sunil n shah
Highcourt Mumbai
Vikas Rana
Responded 3 years ago
Vikas Rana
Responded 3 years ago
Vikas Rana
Replied 3 years ago
Judgement*
Srinivasa Prasad
Responded 3 years ago
(a) High Court within 90 days from date order;
(b) to other courts within 30 days from the date of order.
You lodge police compliant against the said defendants appending the copy of judgment and mark a copy to the higher officials of the concerned police i.e., ACP, DCP & CP if the police do not react, you can seek action taken report through RTI and proceed against all concenred.
NOTE:
- In your case, due to pandemic and lock down they can take shelter under extended time of limitation.
- You can move an application seeking restraint orders from court against them based on Judgment.
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