Legal Question in Civil Rights Law in India

One of my Disputed Shop is shut since 29th December'2011 and the Shop Keeper has filed a Civil Suit with me for its opening under Section 19C of in the above suit which is pending in a lower court in UP. His application under section 19C for opening the Shop is still pending with the court . He has just got one order as he is the owner of this property and I should not do any act for the loss of his ownership of this property and we have to maintain the situation as it is i.e Statisquo Order.

But Recently he has done the contempt of court and entered inthe shop with the help of Local Police then i approached the respective court and taken one question and answer sheet yesterday which clearly states that court has neither issued any order to the local S.O.(Police) and neither issued any order for the possession of the property to him and the application under section 19C for opening the aforesaid shop is still pending in the court.

But the Local Police is not ready to listen anything after seeing this order and the question and answer sheet, They are helping the shop keeper to open the shop and restricting me to oppose me on this .

The Shop Keeper was our Tanent earlier without any written agreement and has purchased this shop on 7th January'2011 from my husband( who is totally in controlled of his mistress )but could not take the possession of this shop and one room attached to it where i resides at present with my family as i have filed one case of domestic voilance act against my husband in October'2010 and immediately after hearing about this sale deed i apporached the court and got the RO under domestic voilance act that noboday can force me to leave the house till the disposal /final judgement of this case under domestice voilance act.

Please Suggest what should i do now as i am afraid about my house and shop as i have no other option now as i am a poor lady and nobody is really helping me including the local administration.

I have also approached National Commision for Women but of no help.

I just wanted my shop and home with me, please suggest and help me. I have all the the evidences with me as i am the real wife of my husband but he is still denying and threatening me.Also his mediation petition was unsuccessful as he offered me a nominal amount and He has already booked under section 494/498A/506 of IPC but he is getting the benefit of his +62 age that is y he is not getting arrested.

I just wanted my house and this shop for me through Law.

Please Suggest and help what i should do for me.


Asked on 9/15/11, 3:06 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may approach the civil court and seek restrain orders and declaration.

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Answered on 9/15/11, 11:30 pm


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