Showing : 401-410 of 1588 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Sale - Proceedings coming to an end - Sale certificate issued in favour of D.H. who was the auction purchaser - Decree Holder sold the property to J.D. - Thus auction purchaser/D.H. lost title to the property - Thereafter D.H. has no right to maintain the delivery application -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 17-- Execution of decree - Powers of Executing Court - If terms of decree are ambiguous, executing court can construe decree with aid of judgment and pleadings - Decree has to be enforced and interpreted in such a manner that litigation between parties is shortened - Moreover, real intention of parties..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 60(1)(ccc)-- Execution - One residential house - Exemption from attachment - Protection u/s 60(1)(ccc) CPC is only available to J.D and to his heirs - Heirs of J.D. cannot take plea of protection after his death and are liable to abide by decree in so far as property of J.D is concerned...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8-- L.R's - Execution - O.22.Rr.3, 4 & 8 CPC would not apply to proceedings in execution of a decree or order - Meaning thereby that if death occurs either of plaintiff/decree holder or defendant/judgment debtor during pendency of execution, it would not abate and execution can proceed after the death..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Impleadment - LRs - Petitioners claiming to be impleaded as legal heirs of deceased decree holder on the basis of registered Will - Executing Court dismissed application on the ground that their interest is adverse to already impleaded LRs and if they have any right they can always file a separate..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceedings - Cannot be sought by a stranger to the decree...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie case of plaintiffs not made out - Will in favour of plaintiffs on the basis of which they are claiming ownership rights of the entire property is unregistered and not admitted by defendant - Execution of Will yet to be proved - Moreso, plaintiffs himself admitted..........

Showing : 401-410 of 1588 Results