Vikram Sharma
Asked August 31, 2016

property matter and Contempt of court

  • 1 Answer
  • 455 Views

My dad filed a suit in court of law for division of property. This property is in a state of plot as of now. The hearing in court by judge suggested as to divide the property in equal proportion. My father owns 1/3rd share of the property. Now, this property has only 18 feet front and according to 1/3rd share he is entitled only to 6 feet front which will not be beneficial for us. Can judge enforce us to take 6 feet front and divide the share or we can disagree to court suggestion/decision ? We are not sure if we disagree then court will consider this as contempt of court

Answer 1

After long deliberations, what we could infer in the current problem is that the Hon’ Judge with his utmost wisdom has the inherent power to divide any property and adopt any other course as may appear equitable and just in the circumstances of the case.

The Indian Judicial System is formed on the hierarchy of the courts. Therefore, depending upon the enforceability of the order, the aggrieved party has the discretion to file an appeal against the impugned order depending upon which court has passed it, till then the party is bound to comply with the orders of the court otherwise it would result into contempt leading to further actions. And, while the proceedings are in process, the party has the right to apply for temporary injunction, but before granting it the court must be satisfied on the following factors such as [1]:

  • Whether the plaintiff has a prima facie case?
  • Whether the plaintiff would suffer irreparable injury if his prayer for temporary injunction is not granted?
  • Whether the balance of inconvenience is in favour of the plaintiff?

 

 

[1] Dalpat Kumar v Prahlad Singh (1992) 1 SCC 719

Agree Comment 0 Agrees about 4 years ago

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