Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
Mutation -- Recall application against mutation order by stranger having no direct right or interest in suit property, is not maintainable...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(2) of the Act - Suit for declaration, possession and permanent injunction filed by minor after attaining majority without seeking relief of cancellation of sale deed in question not maintainable - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Averments in plaint would not show that any personal right of any of plaintiffs being infringed, therefore, in view of S.41(j) of the Act, suit is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - Execution proceedings relate to interim order passed by Court in same suit - O.21.R.29 CPC does not contemplate a situation where execution proceedings in Court relate to an interim order passed by Court in same suit - Application U.O.21.R.29 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - If execution of interim order of injunction is stayed U.O.21.R.29 CPC, it would have effect of nullifying interim order itself, as interim order operate only till disposal of suit - Application U.O.21.R.29 is not maintainable...........
Land Acquisition Act, 1894, Section 4(1), Constitution of India, 1950, Article 226 -- Acquisition of land - Writ petition - Delay and lashes - Notification was issued in the year 1994 and till date no steps have been taken by Housing Board and therefore, question of delay and laches will not come in way of appellants - Otherwise also, appellants on an erroneous advice have..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Compromise forming basis of decree can only be questioned before same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred U.O.23.R.3-A CPC - Writ petition challenging compromise decree not maintainable...........
Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 9 -- Letter Patent (Mad), Cl.15 - Grant of leave - Revocation - Defendant seeking revocation of leave granted to plaintiffs on the ground that suit property is situated outside jurisdiction - Maintainability of suit - Admittedly, agreement for sale was executed only within jurisdiction of this Court and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Amendment sought to incorporate relief of possession - Suit for declaration simpliciter is not maintainable, if consequential relief of possession is not claimed in a situation where party seeking declaration is out of possession of suit property - However, this..........
