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Results of objections by third party not in suit

Showing : 1-10 of 37 Results

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objections - Person inducted as tenant, in the suit premises, during pendency of proceedings - Such person has no right to be heard, by Executing Court, before delivery of possession - Execution Court directed to proceed execution proceedings and issue necessary police aid for effecting delivery of..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objection by third party - Suit property sold to petitioners during pendency of suit - However, transfer in favour of petitioners was made by persons who were not even parties to suit - Provision of S.52 of the Act is not applicable to facts of case, as transfer in favour of petitioners..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Decree for declaration and possession - Petitioner claimed to be owner of suit property by way of Will and contended that boundaries of suit property not mentioned in the plaint - However, record shows that boundaries of suit property are mentioned in the plaint - Moreover,..........

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 - It cannot be said that..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of local Commissioner - Objection as to legality and validity of Commissioner's report, if not redressed by trial Court, same can be raised in appeal - Even if objections raised to the report of Local Commissioner are rejected, aggrieved party can still agitate the legality and validity thereof at the time of final..........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Decree for specific performance - Third party objections - Application for impleading in the suit dismissed - Order not challenged - Obstructers therefore not entitled to obstruct the decree in execution petition, more so when rights of some of obstructers were resolved in individual suits filed by them...........

ORISSA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructionist in order to succeed in thwarting the execution of decree standing in favour of decree holder, must make out a claim concerning his independent right or title over suit property, over and above his possession either at the time of institution of suit or prior to that and..........

ORISSA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of adverse possession - Petitioner not able to state any particular date as to when he entered into possession of suit property - Petitioner thus found to have no claim in the eye of law as regards his independent right nor he has right to question the decree passed in suit in which..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........

Showing : 1-10 of 37 Results