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Results of o 21 r 32 of civil procedure code

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Showing : 1-10 of 144 Results

MADRAS HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for injunction - Condition precedent for invoking provision of O.21.R.32 CPC is that Court should give a specific finding that J.D. had an opportunity to comply with the decree and despite such opportunity, he wilfully disobeyed the same...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of encroachment - Court while directing to remove encroachment does not state on what basis Court has arrived at conclusion that there had been an encroachment - There is nothing forthcoming to prove that defendant had caused any encroachment - Impugned order set aside -..........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Limitation - No limitation is provided for execution of decree of permanent prohibitory injunction...........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 50, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Legal heirs of deceased DH can maintain execution petition against legal heirs of deceased JD in view of S.50 CPC - S.50 of CPC is not confined to a particular kind of a decree and it would cover cases relating to execution of decree for injunction as well...........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Executing Court has left everything to be decided by Nazir of Court without recording any finding as to whether JDs have encroached upon suit land after passing of decree - Without undertaking such an exercise, it was not open to executing Court to pass a direction to..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DH 23 years after obtaining decree had alleged violation of decree and encroachment of suit land by JDs - No documentary evidence in form of any demarcation report etc. was adduced by DH regarding alleged encroachment over suit land - Even, there..........

GUJARAT HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Decree for restitution of conjugal rights - Decree for restitution of conjugal rights cannot be enforced except by way of attachment of the property of other party or compensation and mesne profits - Object of O.21.R.32(1) and (3) CPC is that no person can force a female or his wife to cohabit and establish conjugal..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree for injunction - Plaintiff has taken symbolical delivery of property and he is in physical possession and enjoyment of property by collecting rent for building from defendant - There is thus, no violation of decree for injunction - Application filed U.O.21.R.32 CPC to punish defendant for..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Scope - O.21.R.32 CPC deals with twin situation (i) regarding execution of decree and if decree of injunctions is otherwise not executable then to resort to civil imprisonment or attachment of property of judgment debtor; (ii) violation of decree passed by trial Court - To claim any violation of decree specific..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Objections - Plea of petitioner is that to seek execution of decree qua restoration of possession in his favour, decree holder was supposed to plead specifically as to when and in what manner he has been dispossessed - Plea held, not tenable as O.21.R.32(5) CPC does not prescribe any such condition, rather..........

Showing : 1-10 of 144 Results