Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objection petition - Executing court is competent to decide all the questions including question of title in execution proceedings itself and not by way of separate suit in view of provisions contained in S.47 read with O.21.R.101 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Objection by purchaser pendente lite not maintainable as rights of purchaser pendente lite are subject to the decree and as such transferee is bound by the decree - Decree can be enforced against purchaser pendente lite...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Unless and until the person who is objecting to execution has independent right, title or interest in immovable property, he cannot claim adjudication of his rights by resorting to this provision...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Decree for specific performance - Third party objections - Application for impleading in the suit dismissed - Order not challenged - Obstructers therefore not entitled to obstruct the decree in execution petition, more so when rights of some of obstructers were resolved in individual suits filed by them...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in accordance with law...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103 -- Execution - Third party objections - Third party apprehending dispossession can file objections U.O.21.R.97(1) CPC - Adjudication of claim by Executing Court will be treated as a decree which is appealable - Revision filed against order deciding objections, held, not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructionist in order to succeed in thwarting the execution of decree standing in favour of decree holder, must make out a claim concerning his independent right or title over suit property, over and above his possession either at the time of institution of suit or prior to that and..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of adverse possession - Petitioner not able to state any particular date as to when he entered into possession of suit property - Petitioner thus found to have no claim in the eye of law as regards his independent right nor he has right to question the decree passed in suit in which..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of objectors based upon two registered sale deeds - Objections be decided after framing issues and giving opportunity to parties to lead evidence in support of their stand...........
Indian Penal Code, 1860, Section 97 -- Right of private defence - It is not only extended qua own body but also qua body of any other person against whom any offence affecting human body is committed...........
