Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree for injunction - Plaintiff has taken symbolical delivery of property and he is in physical possession and enjoyment of property by collecting rent for building from defendant - There is thus, no violation of decree for injunction - Application filed U.O.21.R.32 CPC to punish defendant for..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Order U.O.21.R.99 CPC is final order not an interlocutory order, as question of right, title or interest in property is considered by virtue of O.21.R.101 CPC - Appeal and not petition u/art 227 of Constitution is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Application U.O.21.R.99 CPC - Lies only after dispossession...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Purchaser of property which was subject matter of suit, cannot resist execution of decree, if purchase was during pendency of litigation, as O.21.R.102 CPC bars such objections...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - When resistance or obstruction is offered by a transferee pendente lite, it is explicit from reading O.21.Rr.98, 99, 101, 102 CPC, that scope of adjudication ought to be confined only to question whether person who resist or who was dispossessed was a transferee during..........
Civil Procedure Code, 1908, Order 21, Rule 11, 58(2) -- Execution - Executing Court giving effect to award of land acquisition compensation - Death of D.H. after passing of award - Will set up by one of the heirs of deceased - Enquiry by Executing Court as to genuineness and validity of will - Adjudication of rival claims in respect of immovable property can always be done..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Objection raised by occupant of immovable property - Executing Court required to conduct full-fledged inquiry into issues raised by objector, which includes leading evidence by party...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside sale on deposit of amount - Respondent being guarantor deposited entire due amount for which NOC was also issued - Information regarding same was given to Execution Court, which had not been considered - Substantial injury will be caused to respondent if his property was allowed to be taken away..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection - Order passed for implementing mandatory injunction along with restitution in the form of damages - Such an order cannot constitute an Order U.O.21.R.97 CPC and is clearly an order u/s 47 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 5, 14 -- Recovery of amount due - Condonation of delay - Court receiver was permitted to sell property - Application U.O.21.R.90 CPC set aside - S.5 of Limitation Act which deals with extension of time or condonation of delay is not applicable to proceedings U.O.21.R.90 CPC - Therefore, delay, if..........
