Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of change of neighbours or occupation of particular house by some other person, whose description is given in the property, actual physical existence of property cannot be denied...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of some variance in measurement of total area, it cannot be assumed that DH has no right for execution of a decree and others can raise objection to take benefit of it...........
Specific Relief Act, 1963, Section 22(2) - - J.D. raised objection to issuance of warrant of possession on the plea that possession is already with the D.H. - Executing Court issued warrant of possession on the basis that it is mentioned in agreement to sell that possession will be delivered on execution of sale deed - Order upheld...........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Dismissal of objections - Issuance of warrant of possession - During pendency of application for setting aside of exparte decree - Till application U.O.9.R.13 CPC is decided (though expeditiously), it would prejudice the petitioners, possibly irreparably, if order of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 96 -- Eviction petition - Warrant of possession issued for execution of order - It is not disputed that first instalment was deposited which is 3 days after execution application is filed - Even, in order to avoid ejectment and to comply with terms of compromise, tenant..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Warrant of possession with police aid - Not permissible in the first instance - In the first instance only warrant of possession is to be issued which may be by breaking open locks and doors - It is only when there is resistance or obstruction and an application is filed by DH complaining of such resistance or..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Taking forcible possession by J.D. after passing of decree - Executing Court can execute decree by issuing warrant of possession - Held, none can be permitted to take forceful possession by violating prohibitory injunction decree - If J.D. enters into possession of property by violating..........
Constitution of India, 1950, Article 227 -- Restitution of possession - Suit for possession filed by decree-holders was decreed by first appellate Court - In wake of RSA filed by petitioners-JDs, operation of decree was stayed, subject to furnishing of security for a sum of Rs.5 crores - JDs neither handed over possession of property in litigation to DHs nor furnished..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 -- Execution - Attachment of J.D's property not in his possession - Execution application must be clear and with details as required - Warrant of attachment issued at the instance of D.H. based upon vague averments, held, illegal, impermissible and liable to be withdrawn/vacated...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Demolition of property by purchaser - Tenant filing civil suit for permanent injunction - Suit rightly filed in civil court - Compromise between parties that tenant would deliver vacant possession of shop and he would be allotted newly constructed shop - Decree drawn accordingly - New premises not allotted to tenant -..........
