Showing : 181-190 of 1393 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38-- Execution of joint decree - Once there is a decree against all judgment debtors passed jointly, decree holder can choose against whom he is to proceed for the safe, early and effective recovery of fruits of the decree...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution - Suit for recovery of possession of let out building - Destruction of building - Not a ground to dismiss execution petition - Even if the building is destroyed, landlord is entitled to recover the land in which building existed...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 92-- Confirmation of sale pending appeal - If application or appeal is pending and confirmation of sale is effected and sale certificate is issued, that does not become conclusive as it all depends on result of pending appeal - Confirmation of sale and issuing sale certificate is followed or not is to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 92-- Sale not become absolute or irrevocable - Pendency of application to set aside sale or appeal or revision against trial Court's decree till attained finality, right to liquidate mortgage debt by judgment debtor is available, as long as sale is not confirmed - Thus, right can be exercised even..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Auction sale - Objections - Respondents/objectors not in possession of suit property prior to passing of decree - Predecessor of respondents was party to sale certificate which respondents never challenged - Suit was duly contested by original defendants for a long period of 30 years -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101-- Execution - Objection by sub-tenant - Sub-tenants in wrongful possession of suit property has successfully dragged the proceeding for more than three decades by taking undue advantage of procedural complications - Frivolous defences and frivolous litigation is calculated in the case - Long..........
KERALA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 32, 33-- Restitution of conjugal rights - Execution - Decree of restitution of conjugal rights cannot be enforced by compelling either the husband or wife to restore conjugal rights or to resume cohabitation, unless and until he/she is willing for such restoration or resumption...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not a..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32(5), 97, 99-- Execution of decree of injunction - Powers of Executing Court - Decree of injunction sought to be executed and in the process, a person is threatened with dispossession or is dispossessed - Such person has right to complain as per rules contained from R.97 onwards - More so, he cannot be shown..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 21, 30-- Execution - Money decree - Different execution petitions, seeking execution of decree by arrest and detention and by attachment and sale of immovable property are not maintainable at a time, as the execution Court is vested with discretion to execute the decree in single execution petition..........

Showing : 181-190 of 1393 Results