Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is nullity can be subject matter of objection u/s 47 CPC - When there was no such inherent lack of jurisdiction application u/s 47 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Issuance of warrants - Warrant of possession was issued 11 years after passing of decree - JD did not opt to file any objection/reply to petition for execution of decree - Argument raised by JD that issuance of warrant of possession was without providing opportunity of being heard to JD is..........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest warrant - When JD appeared before Court on getting notice U.O.21.R.37 CPC and filed objection stating that he had no means to pay decree debt, in such contingency, it is mandatory for Court to conduct an enquiry U.O.21.R.40 CPC before issuing warrant of arrest against him...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 13 -- Execution - Objection to execution proceedings as well as to application u/s 47 CPC filed by applicant do not either disclose any substantial defence to decree or testify the same to be suffering from any jurisdictional infirmity or invalidity - Order rejecting objections held, proper...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - DH directed to pay balance sale consideration to JD within a period of 2 months - However, it is not envisaged that on failure to deposit balance sale consideration within 2 months, decree in favour of plaintiff would stand frustrated or suit would be deemed to be dismissed..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
