Civil Procedure Code, 1908, Order 21, Rule 97 -- Obstruction - Limitation - 30 days - D.H. is not debarred from making successive applications for possession - In case such application is resisted, limitation for filing the application for removal of obstruction starts from the date of second obstruction and not from, the date of initial obstruction...........
Civil Procedure Code, 1908, Order 21, Rule 35(3), 101 -- Suit for declaration of title and possession - Decreed - Execution - Constructions made pendente lite -Executing Court is empowered to direct removal of any obstruction or super structure made pendente lite...........
Civil Procedure Code, 1908, Order 21, Rule 35(3), 97 -- Decree for possession of immovable property - Obstruction by third party - Decree holder gets right under Rule 97 of Order 21 to make an application against third party to have his obstruction removed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Public street - Local body has no right to put up any obstruction over the public street so as to prevent access to adjoining property - Owner of adjoining property has a right to seek interim injunction for restraining such obstruction - Owner of adjoining property has a right of access at every point where his land..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Police Help - Decree holder complaining of obstruction/resistance - Held, decree holder can apply U.O.21 R.97 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Trial Court restrained defendant from raising any construction over the disputed land and created any obstruction in the flow of dirty water through the passage - Appeal against - Appellate Court allowed defendant to raise construction with undertaking that it would be demolished if their claim..........
Contempt of Courts Act, 1971, Section 15(2) -- Attachment warrant - Obstruction by Additional D.M.(Executive) - Civil Judge issuing show cause notice as to why criminal prosecution as well as contempt proceedings should not be launched against him - Held, Civil Judge has not acted illegally or without jurisdiction as by issuing notice show cause notice Civil Judge was in..........
Public street -- Obstruction - Person having no direct interest can get it removed, even though obstruction does not affect his rights - His locus standi cannot be challenged...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 13A, 2(g)(4) -- Implication of Section 13 that jurisdiction of Civil Court taken away when lis between Gram Panchayat and a private person and it relates to any of the questions specified in Section 13 - Section 13 not operative when lis or dispute between two private individuals - Any finding either way in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g)(4) -- Query - Whether mere mention of word 'street' or 'public street' in the plaint in a suit where plaintiff seek - permanent injunction restraining another person from creating obstruction or encroaching upon said street through which plaintiff claimed right of passage, constituted the plea that land..........
