Civil Procedure Code, 1908, Order 21, Rule 58, 99, 101, Jammu and Kashmir Rights of Prior Purchase Act, 1933, Section 15(5) -- Pre-emption suit - Filed in 1978 claiming relief under law i.e. clause `sixthly' which vested prior to amendment of 1973 - Exparte decree however passed under clause `fifthly' of contiguity-cum-vicinage which was not case of respondent - Execution..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree for declaration and injunction - Parties seriously contesting issue with regard to identity of suit property - Necessary for Executing Court to frame necessary issues arising from objection petition and reply thereof and thereafter afford opportunity to parties to lead their evidence...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Injunction decree - Execution - Attachment of property or by imprisonment - Can be resorted to only when J.D. had an opportunity of obeying the decree and has deliberately failed to obey it...........
Civil Procedure Code, 1908, Article 136, Order 21, Rule 32 -- Proviso - Injunction decree - Execution - It has a permanent and perpetual life - It can be put into execution at any time to prevent breach or to prevent apprehended breach...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Injunction decree - Execution - Detention of J.D. in civil prison is no substitute for compliance of decree - Compliance of decree can only be by resort to penal actions - Liability or obligation flowing from the decree cannot be taken to have been discharged by detaining a person liable to comply with the..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Injunction decree - Execution - Despite civil imprisonment J.D. ventured to commit successive breaches - Effective order against him could be attachment and sale of his property and in absence thereof detention in civil prison again...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Execution of decree - Ad interim injunction sought - Dismissed as objection petition can always be filed by the plaintiff in accordance with law and executing court is bound to consider the same...........
Limitation Act, 1963, Article 136, 135 -- Composite decree for injunction and mandatory injunction - Limitation to enforce decree for mandatory injunction is three years - There is no limitation to enforce decree for perpetual injunction - When enforcement of decree for mandatory injunction is barred then execution petition can be maintained with regard to the decree for..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution stayed by appellate Court and then by injunction obtained in another suit - Execution consigned to records - Held, there is no fault on part of Execution Court to restore decree after dismissal of said suit and after 12 years in view of above circumstances...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction passed directing the defendant to prune the over hanging branches of the trees standing on the joint boundary of the land of the parties so as to avoid the falling of their shades on the crops standing in the land of the plaintiff - Executing Court directing to uproot the trees which were..........
