Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Auction sale -- Setting aside - Contention that auction was conducted during pendency of Writ Petition and that High Court's interim order staying confirmation of sale rendered any statutory application unnecessary - This contention is misconceived, as record reveals that while High Court had granted limited interim protection against confirmation of sale, there was no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Application pending before First Appellate Court since 2019, yet no decision has been rendered till date - Appeal has been adjourned from time to time merely on the ground that arguments are not being addressed, resulting in undue delay and prejudice to petitioners - Inaction of appellate Court for such..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution during pendency of application U.O.9.R.13 CPC - Application for stay of execution has to be filed before Court where application U.O.9.R.13 CPC for adjudication, is pending...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Application U.O.9.R.13 CPC is pending - Respondent would be remediless if proceedings of execution petition are not stayed during pendency of application U.O.9.R.13 CPC - Execution proceedings rightly stayed during pendency of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Proceedings of title suit and execution are pending before two different Courts - Condition precedent for stay of execution proceedings U.O.21.R.29 CPC is that two proceedings should be pending before same Court - Application U.O.21.R.29 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution - Ex parte decree - Petitioners already filed a miscellaneous case U.O.9.R.13 CPC for setting aside ex parte decree - O.21.R.26 CPC not applicable - Moreover, no suit is pending between parties except said miscellaneous case - Petitioner had also not shown sufficient cause to stay execution case as such..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application U.O.9.R.13 CPC - No reasons forthcoming for not filing application for stay at a early date - Even application U.O.9.R.13 CPC has been filed only in the year 2019 - Liberty is thus, granted to defendant to file an..........
