Showing : 831-840 of 1297 Results

KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103-- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - Application is to be decided like a suit - An opportunity is to be provided to the applicant to prove his case - Unless procedure prescribed for disposal of suit is followed, claim of..........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103-- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - A person who is dispossessed of any property whether it is covered under decree or beyond the decree is entitled to make an application making grievance of such dispossession and seek for..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 22-- Execution within two years - Option is given to Court to give or not to give notice to J.D. - However, once notice is ordered to be given to J.D., withdrawing of same at the instance of D.H. on the ground of long delay in litigation and ordering delivery of possession without hearing other side is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Warrant of possession issued - Stay cannot be granted merely on the ground that a suit has been filed for setting aside the judgment and decree...........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 21, Rule 11-- Execution - Impleading of a party - There is no bar to implead a person who has got an interest even in the execution proceedings...........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35-- Execution - Decree for specific performance - Court executing decree can direct delivery of possession even if there is no specific direction to that effect in decree as granting of relief of possession is incidental to conveyance executed in favour of D.H...........
KERALA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Claim petition - Limitation - No particular period is prescribed for filing the claim petition - Court can entertain a claim petition subject to restrictions mentioned in Clauses (a) and (b) of the Proviso...........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 97, 99-- Mortgage by deposit of title deeds - Decree for sale - Objection to decree for sale by third party claiming title to suit property under registered sale deed - There is no provision in Code for objection by third party to object to sale - However, Court has inherent powers to adjudicate upon such..........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97-- Obstructors - Asserted their lawful possession as tenant - Earlier an application based on same facts was rejected - Order became final with dismissal of revision - Trial Court is not required to determine alleged claim of tenancy as the application is barred by res judicata u/s 11 of the Code...........
KERALA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 64, Order 21, Rule 58-- Agreement to sell before attachment - Sale deed executed after attachment - Contractual obligations prevail over the rights of the attaching creditor - The rights of the attaching creditor do not override the contractual obligation arising from an antecedent agreement for sale of the attached..........

Showing : 831-840 of 1297 Results