Can defendant file CPC 39(2A) when no injunction exists?
The plaintiff’s application for a temporary injunction has been rejected, but the plaintiff is still obstructing the construction work of the defendant. Is there any precedent or court case where the defendant filed an application under Order 39 Rule 2A of the CPC against the plaintiff for obstruction without an existing injunction order?
If the plaintiff continues to obstruct construction after the injunction is denied, you can file a petition under Order 39 Rule 2A of the CPC for contempt of court. This can lead to punishment for the plaintiff, compensation for damages, and resumption of your construction work. For further legal assistance contact us on our helpline number.
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