Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 135 -- Execution - Decree for mandatory injunction - Limitation for enforcement of decree granting mandatory injunction is three years commencing from date of decree or where a date is fixed for performance, such date...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Question relating to identity of DH's father stood conclusively adjudicated in original suit and could not be reopened or re-litigated in execution proceedings - Moreover, DH had already been found to be in possession of suit property as a tenant following death of his father and..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once it was established that DH's father was tenant of suit property, finding that DH succeeded to tenancy and remained in possession was rightly affirmed - Petitioners are presently in possession of suit land, thereby clearly demonstrating that DH was dispossessed in violation..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Warrants of possession can be issued in favour of DH in a suit for permanent injunction in exercise of powers U.O.21.R.32(5) Explanation CPC...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Mere fact that no specific date or time of dispossession of DH from suit property was pleaded or established, it cannot be said that no warrants of possession in her favour can be issued...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Once a concurrent finding of fact was recorded by both Courts below in suit that DH was in possession of suit property, same carried presumption of her possession as on the date of filing of suit till the date of its..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Violation - Except self serving statement of petitioner there is no other evidence to prove the allegations - For want of corroboration to version of petitioner, executing Court found evidence insufficient to indict respondents - Order upheld...........
