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HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution of decree - Suit for possession - Resistance by stranger - Mere possession of property subject matter of decree under execution is not by itself sufficient for resisting execution of said decree by stranger - Requirement of law is to establish independent legal right to possess said..........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101-- Execution - Objection by sub-tenant - Sub-tenants in wrongful possession of suit property has successfully dragged the proceeding for more than three decades by taking undue advantage of procedural complications - Frivolous defences and frivolous litigation is calculated in the case - Long..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 99, 100, 101-- Objections for specific performance and possession - Petitioner took plea that she was a tenant who had come into possession prior to litigation - After examining the documents place on record it is concluded that documents pertained to period subsequent to litigation - In execution proceedings..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101-- Execution - Objection petition - Executing court is competent to decide all the questions including question of title in execution proceedings itself and not by way of separate suit in view of provisions contained in S.47 read with O.21.R.101 CPC...........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103-- Execution - Third party objections - Third party apprehending dispossession can file objections U.O.21.R.97(1) CPC - Adjudication of claim by Executing Court will be treated as a decree which is appealable - Revision filed against order deciding objections, held, not maintainable...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........

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