Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution - Partition suit - Decree for all purposes determined the entitlement or right to possession, mesne profits and first option regarding the mode and manner of working out shares in the event of default in the sale of subject matter - Direction to file a fresh application after passing of a Final Decree is completely..........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Execution Court permitted DH to deposit balance consideration even after expiry of period fixed by trial court decree - Deposit was permitted just to test the bona fides of DH in pursuing execution - By permitting DH to make deposit to show his bona fides, Court did not foreclose right of JD to seek..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution Court dismissed execution application by observing that decree was conditional, amount was to be paid within one month but no amount was deposited even though application was submitted, therefore decree cannot be executed - High Court affirmed the view of execution..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Mere filing of appeal or an application U.O.9.R.13 CPC, would not make a JD entitled to stay execution of decree passed in favour of DH...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance of sale of immovable property inherently contemplates completion of transaction which includes execution and registration of sale deed and putting purchaser in possession unless contract or decree indicates otherwise...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Delivery of possession - Possession is a natural and consequential relief flowing from a decree for specific performance - Executing Court can grant such ancillary reliefs to make decree effective...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Delivery of possession - Decree attained finality and sale deed of subject land already executed in favour of DH - Once title has been conveyed denial of possession would render decree itself ineffective and frustrate the very purpose of granting specific performance...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objections not pertain to execution, discharge or satisfaction of decree in true sense, but is an attempt to obstruct its enforcement on grounds which either stood concluded in the suit or are otherwise untenable at the stage of execution - Objection rightly rejected...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Plea of joint and un-partitioned land - Transferee of a co-sharer's interest is entitled to joint possession and other rights available to transferor - Executing Court by directing delivery of possession, cannot be said to have granted exclusive possession of a demarcated..........
