Showing : 141-150 of 1233 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - There is no bar for execution Court to treat an application filed to record resistance to delivery of property as one for removal of obstruction U.O.21.R.97 CPC...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - It is not obligatory always for decree holder or auction purchaser to file an application U.O.21.R.97 CPC regardless of the circumstances of case...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - Appellants resisted the delivery of possession of property on the ground that they are believers, devotees and worshipers of one Guru, who was a social reformer - Since said Guru was a social reformer and not a avatar of God, it cannot be treated as a deity and his statue..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 38, Order 21, Rule 1-- Execution - Mere pendency or even allowing of amendment is not a bar to executability of decree unless there is a stay against executability either by original Court or transferee Court or by Appellate Court...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 15(2)-- Execution - Joint decree holders - One of the joint decree holders can file execution for and on behalf of himself and other joint decree holders - However, Court has to safeguard interest of non party joint decree holder - Even when execution is filed by joint decree holders and one of the decree..........
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 -..........

Showing : 141-150 of 1233 Results