Showing : 21-30 of 33 Results

KARNATAKA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106-- Execution - Dismissal for default - Restoration - Where application is filed in time and sufficient cause is shown for non appearance of decree-holder on day of hearing, Court can restore dismissed petition to file - Such restoration does not amount to fresh execution and question of limitation..........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103-- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - Application is to be decided like a suit - An opportunity is to be provided to the applicant to prove his case - Unless procedure prescribed for disposal of suit is followed, claim of..........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103-- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - A person who is dispossessed of any property whether it is covered under decree or beyond the decree is entitled to make an application making grievance of such dispossession and seek for..........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32-- Mandatory injunction - Execution of decree - Decree passed for restoration of possession - Decree holder has a right to execute the decree - The executing Court can issue warrant of possession - Objector cannot turn round to say that the decree is not executable by issuing warrant of possession -..........
GAUHATI HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Section 47-- Excessive execution of property - Application u/s 47 is maintainable - Question regarding the excess acquisition of land in execution can be decreed only in an application under S.47 regarding taking over property in an execution of decree which is outside the decretal property, it is not only the..........
DELHI HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Section 151-- Execution Petition dismissed in default - Restoration - Execution petition can be restored by exercise of inherent powers...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1985
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 99, 103-- Dismissal in default of first execution application - Application for restoration not filed - No bar to filing of second execution application...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1977
Details
Civil Procedure Code, 1908, Section 144-- Mandatory - Duty of Court when a decree has been reversed to cause restitution so as to place parties in their previous position - Pre-emption suit decreed and vendee's first appeal dismissed - Pre-emptor got possession of land in execution of preemption decree - Vendee's second appeal accepted..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1975
Details
Constitution of India, 1950, Article 227-- Scope of - Restoration of possession to party illegally dispossessed - Resettled tenants dispossessed in execution of Civil Court decree - Collusive decree of Civil Court a nullity in the eye of law - Revenue Authorities directed to restore possession to resettled tenants illegally dispossessed in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1972
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Restoration of possessio, Possession delivered under orders of Revenue Court despite stay ordered by Civil Court - Civil Court cannot order restoration of possession as Revenue Court is a Court of independent jurisdictio, Injunction cannot be ordered to Revenue Court. If a party had benefitted by..........

Showing : 21-30 of 33 Results