Civil Procedure Code, 1908, Order 21, Rule 37, 66 -- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra ordinary remedies and..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Maintainability - Execution application at behest of co-sharer, whose land is acquired, seeking enhancement of compensation, without filing reference u/s 18 of Land Acquisition Act, is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Illegal construction over common wall - D.H. himself not allowing demolition of wall on the ground floor as it will result into collapse of house of J.D. and also house of decree holder - Even assuming that said wall belongs to D.H. even then Executing Court was to first find out..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 23(1) -- Execution - Objection as to executability of decree - Objection not raised after service of notice U.O.21.R.22 CPC - Objection as to executability of decree cannot be raised at a later stage...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Suit for declaration, possession and mandatory injunction - Direction for removal of construction by Executing Court - Validity - Executing Court while executing a decree for possession is entitled to pass such incidental, ancillary or necessary orders for effective enforcement of decree..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Before ordering detention in civil prison, Executing Court is required to record satisfaction that JD possesses sufficient means and he has neglected or refused to satisfy decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Property was under dispute with JD`s own son, who challenged order of attachment and Court stayed execution proceedings - No material on record to show JD fetched any income from that property - Therefore, Court cannot arrive at satisfaction that JD..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Dismissal of earlier objection petition which attained finality - Subsequent objection petition for all practical purposes agitating the same title/right/ownership of the tenanted property - Failure to disclose earlier dismissal of objection petition - Besides merits, objection petition..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Expenses for seeking police help - To ask D.H. to deposit expenses for police help is not appropriate in absence of any specific legal provision regarding this aspect - Direction to D.H. to deposit expenses of police help, set aside...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Applicability of O.21.R.29 - To invoke the provisions of O.21.R.29 of CPC, the suit and execution proceedings must be pending in one and same Court...........
