Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101, Legal Services Authorities Act, 1987, Section 21, 22E -- Execution - Award of Lok Adalat - Executing Court can address questions which arise incidentally in the course of working out execution, such as whether and to what extent decree can be enforced against a particular person in possession and in what manner -..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Third party objections - Wife of JD filed objections that decree has been obtained by DH by way of fraud - There is no matrimonial discord between petitioner and her husband/JD - Objection application is for all purposes is at the behest of her husband/JD only - Moreover, for totally unexplained reasons, JD did..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101 -- Execution - Objections - Allotment of plot - Petitioners are the persons who are likely to be effected by execution of order of allotment of plot passed by co-operative Court - They are required to be heard in the matter - Application allowed to the extent of permitting petitioners to join as party to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If claim of petitioners is without any title, in each and every case, a detailed enquiry is not required U.O.21.Rr.97, 99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If there is no material to show right and title, mere interest of petitioners would not suffice to maintain their objection U.O.21.R.97 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - When title and possession have already been decided, claim of petitioners is thus, without any substantive basis - Merely because their second appeal is pending, same cannot be a ground to obstruct the execution of decree of plaintiff...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by pendente lite transferee - Pendente lite transferee who is purported to be a stranger to decree has every right to defend his right, title, interest and possession in decretal property as per O.21.R.99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Third party to the decree has a right to approach Court even after dispossession of immovable property which he was occupying and can seek redelivery...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Once an application U.O.21.R.99 CPC is filed, it is incumbent upon trial Court to consider all the rival claims including right, title and interest of parties U.O.21.R.101 CPC which bars a separate suit by mandating execution Court to decide the dispute...........
