Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. complaining interference by JD in his possession - Executing Court dismissed execution application observing the revenue entries and report of Superintendent of Police do not support possession of DH - Order of executing court set aside - Held, judgment of competent civil..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Can be executed by D.H. or his legal representatives against J.D. or transferee of J.D. who is a purchaser pendente lite...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Dispossession in violation of decree of permanent injunction - Possession can be restored to D.H. either by compelling JD by attaching his property or by detaining JD in civil imprisonment or by issuing warrants for possession against JD U.O.21.R.32(5) r/w S.151 CPC - Denying relief of restoration of..........
Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Restoration of possession of suit property to decree holder can be ordered if direction of permanent injunction is violated by J.D. - Executing Court even by invoking S.151 CPC can order delivery of possession to D.H. who is dispossessed in violation of decree of..........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 32 -- Execution - Decree for permanent injunction can be executed against L.R's of J.D. - However, legal representatives are liable only to the extent of the property of deceased which has come to their hands by way of inheritance...........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree of mandatory injunction directing petitioner to remove construction raised illegally during pendency of suit for permanent injunction - Judgment and decree of trial Court was confirmed by appellate Court - Held, period of limitation, for the purpose of execution of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for permanent injunction - Judgment Debtor producing fresh documents claiming title over suit land - Held, Executing Court or High Court in revision cannot go behind the decree by looking into fresh documents...........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 28 -- Objection as to rescinding of Contract and/or benefit of construction - Decree for possession by way of specific performance upheld uptill High Court - Fresh construction raised by JD during execution of decree - Suit for permanent injunction by DH restraining JD from raising construction -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Death of D.H. - Execution of decree by legal heirs - If the remedy of injunction granted by the decree is in respect of any heritable and partible right, it does not get extinguished with the death of a party thereto, but enures to the benefit of the legal heirs of the..........
