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SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 104, 101, 103-- Execution - Possession - Execution filed in 2004 - Appellant filed suit for specific performance in the year 2005 - O.21.R.104 is not applicable as the suit was filed later in point of time than the commencement of the execution proceedings...........
GAUHATI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 24-- Execution - Decree for possession of immovable property - Third party claiming to be in possession as tenant or co-tenant can resist execution of decree of eviction if he was not a party thereto on ground that decree would, if executed, oust him from decretal property - Application by objector..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 9, 47, Order 21, Rule 97, 99, 101-- Suit for possession - Possession taken by defendants in execution of decree - Availing remedy U.O.21.Rr.97, 99 & 101 and S.47 is permissible...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101-- Rule applies to person other than judgment debtor who is dispossessed - In the decree, judgment debtor being plaintiff, Rule 99 does not apply - Consequently, there is no question of applicability of Rule 101 further...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - A person not in possession can also obstruct or resist the delivery of possession of immovable property - A person who has right in the immovable property in question is entitled to be heard in the matter on merit...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Third party who is resisting and or obstructing the execution of decree can also seek adjudication of his claim and rights by making an application to avoid multiplicity of proceedings...........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Resistance to execution of eviction decree - Concurrent finding of fact that appellant had no independent right to suit premises - Held, objections rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 100, 101-- Auction sale - Setting aside - At the instance of D.H. - Sale confirmed within 30 days of acceptance of the bid - Not by itself decisive to set aside sale after 8 years...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101-- Execution - Exparte decree for specific performance - Third party objections claiming to be owner in possession - Court has to decide third party objections before actual delivery of possession takes place - Court acquires jurisdiction to decide it as a question of title between the parties and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102-- Specific performance decree - Execution - Objections by subsequent purchaser during pendency of suit - Transaction is barred by doctrine of lis pendens - Objections of subsequent purchaser during pendency of suit are not to be adjudicated like a civil suit but have to be summarily disposed of...........

No Result Found