Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Partition suit - Where petitioners/legal heirs of one of JDs allowed preliminary decree as also final decree passed to become final, specifically in presence of their counsel, with a written statement also filed by them in reply to application seeking a final decree of partition, execution Court could not..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - Out of Court settlement - Judgment-debtor should not have taken the risk of warding off a decree by an out of court settlement by a doubtful document - This fatal mistake has to be to his peril - No person of reasonable intelligence would accept such a defence against decree..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections u/s 47 CPC are entertainable on the ground that decree is void ab initio or decree is passed in ignorance of a provision of law or law has been promulgated making a decree inexecutable subsequently...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Merely during pendency of litigation, the ground on which decree was passed has extinguished, cannot be accepted as a ground for objecting execution of decree since right of parties as stood on date of filing of plaint is relevant factor...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Eviction decree - Objection raised on the ground that decree is not executable as subject matter of decree i.e land is sold out by series of sale deeds is not entertainable - However, same would not frustrate decree and make it inexecutable, since decree is still executable by..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Mere filing of appeal cannot and does not term as stay of further proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 35, 97 -- Execution - Warrant of possession - By breaking open the locks with police assistance - Time for execution of warrant was till 21.03.2020 - However, bailiff on 24.02.2020 broke open the locks without police assistance - Bailiff acted in due haste, possibly apprehending that an interim order may be passed by Court in a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement in Lok Adalat - Default in payment of instalments - Execution of award - Challenge to order passed by Executing Court U.O.21.R.37 CPC as to why JD be not arrested and detained in civil imprisonment followed by another order on the application of J.D. for recalling the warrant of arrest issued..........
Civil Procedure Code, 1908, Order 21, Rule 35(3) -- Execution - Decree for possession - Suit property is identifiable - Warrant of possession for a decree for possession can only be executed through Bailiff of Court and not through Revenue Agency...........
Civil Procedure Code, 1908, Order 21, Rule 35(3) -- Execution - Decree for possession - Obstruction by JDs - JDs locked structure by denying access and obstructed delivery of possession - DH can seek execution of warrant by breaking open of locks through Bailiff of Court...........
