Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(8) -- Right of redemption of Borrower/mortgagor - Borrower not deposited balance due together with costs, charges and expenses, in accordance with provisions of S.13(8) of the Act - Sale was confirmed and sale certificate was issued and registered sale deed was..........
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...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JDs filed suit for seeking injunction to restrain DHs from taking forcible possession otherwise than due process of law - In executing Court, DHs seek to recover possession by executing the decree which has attained finality upto the level of Hon'ble Supreme Court - This is certainly not a..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101 -- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed - Executing..........
Civil Procedure Code, 1908, Section 148 -- Extension of time for depositing consideration money - Execution of decree - Suit for specific performance - In absence of any explanation, decree-holder cannot at his own will can seek execution of decree on depositing balance amount...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of earnest money paid at the time of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sale deed - Execution not denied - Court cannot straightaway proceed to hear appeal, after admitting additional evidence, without affording opportunity to lead evidence in rebuttal or to explain the alleged admission...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Defendants after execution of agreement to sell in favour of plaintiff created equitable mortgage in favour of respondent No.3 - Respondent No.3 is not claiming any independent rights - Presence of respondent No.3 is necessary in order to enable Court to effectively..........
Arbitration and Conciliation Act, 1996, Section 42 -- Arbitral award - When an award is already made of which execution is sought, arbitral proceedings already stand terminated on making of final award - S.42 of the Act would not apply to an execution application...........
