Civil Procedure Code, 1908, Section 64, 47, 151, Order 21, Rule 58 -- Execution - Auction sale - Objections - Appellant purchased the property from JD having knowledge about its attachment in suit itself - Attachment thus, effected much prior to sale deed obtained by appellant - Attachment prevail over sale deed - Sale deed is void...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35(3) -- Execution - Decree for specific performance - If defendant has raised any construction after passing of decree or created encumbrances, it is not beyond jurisdiction of Executing Court to issue direction to remove such obstacle and ensure delivery of possession free from all encumbrances...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment rejected on the ground of res judicata without going into merits of case - Order rejecting application set aside - Trial Court directed to consider application after providing an opportunity to all the parties and in accordance with law...........
Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Execution - Decree of restitution of conjugal rights - It is not necessary for wife/DH to establish that there is willful disobedience of decree on the part of husband/JD - Court gets jurisdiction to pass a direction for periodical payments when JD fails to obey decree within time limit provided - If no such time limit..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree passed with direction to petitioner to remove obstruction on approach road and further restraining petitioner from causing obstruction to plaintiff's right of way - Said decree makes a reference to a map in which road is shown - Entire dispute revolved around the access road leading from..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Auction sale - Executing Court normally follow procedure U.O.21.R.64 CPC while selling property - Further, Executing Court shall sell entire property or only a portion of it, as deemed necessary to satisfy decree - If petitioner is able to show that property worth is more than decretal amount than value of amount..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree of possession - Objections - Objection regarding averment made in caveat petition filed by DH claiming to be in possession - Same has been explained by DH by filing reply to application as a typographical error and mistake of counsel - Merely for a wrong assertion made in caveat, execution of decree cannot be..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objections - Decree of permanent prohibitory injunction - Satisfaction recorded in one execution petition would not result in dismissal of a further execution petition filed on the ground of subsequent interference caused - Decree of permanent injunction operates perpetually against judgment debtors, their assignees..........
