Showing : 1-10 of 38 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of change of neighbours or occupation of particular house by some other person, whose description is given in the property, actual physical existence of property cannot be denied...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Third party objections - Petitioners remained unsuccessful in an application U.O.1.R.10 CPC - Once order rejecting application U.O.1.R.10 CPC is accepted by petitioners they cannot resist execution in question in any manner...........
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..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 36-- Execution - Decree for specific performance - Objections by third party in execution of a decree for specific performance - Not maintainable - Third party cannot inter meddle by raising objections u/s 47 CPC...........
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,..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58.S-- Execution - Attachment of property - Third party objections - Proper enquiry needs to be conducted in a claim petition filed by a third party and the same cannot be summarily disposed of - Court below dismissed the claim petition not only U.O.21.R.58(1) Proviso (b) CPC but also on merits, without..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58-- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objection by third party - Petitioner does not claim to be in actual possession of decretal property, thus she cannot file an objection U.O.21.R.97 CPC - Even if petitioner is in possession of property, she cannot otherwise maintain such application after dismissal of her objections..........
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..........

Showing : 1-10 of 38 Results