Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - JD contended that suit property is not in his possession since 15 years - However, it is not case of JD that suit property is not belong to him and there is no explanation as to how suit property is not in his possession - There is not even the contention of JD that any third party who is in..........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - The mandatory nature of the twin conditions to be satisfied before an auction sale can be set aside as provided U.O.21.R.90(3) CPC - No application to set aside a sale on grounds of irregularity or fraud under the Rule can be..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Proceedings in Execution continuing during the pendency of third party objections - Till the decision of third party objections, no final order shall be passed in the execution case...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Permanent alimony - J.D. if not the owner of properties whose list is furnished by D.H. then the same cannot be attached - J.D. living in U.K. - Court gave liberty to D.H. to file a fresh execution petition as and when any particulars of J.D. regarding his address in India or any property in India comes to notice..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102 -- Execution - Objection by transferee pendente lite - Application U.O.21.R.97 CPC not maintainable at the instance of third party being a transferee pendente lite in view of O.21.R.102 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - U.O.21.R.97 CPC, it is only DH who is entitled to make an application in case where he is offered resistance or obstruction by any person...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Appellant never dispossessed from the property in question and till date possession of same rests with him - Appellant not entitled to make an application U.O.21.R.99 raising objections in execution proceedings since he has never been dispossessed as required U.21.R.99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 43, 64, 66 -- Execution - DH can proceed against any one of JDs and he is not required to proceed against principal borrower at first instance...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DH 23 years after obtaining decree had alleged violation of decree and encroachment of suit land by JDs - No documentary evidence in form of any demarcation report etc. was adduced by DH regarding alleged encroachment over suit land - Even, there..........
