Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Provision U.O.21.R.29 CPC would apply only if suit is instituted prior to execution proceedings and in the event of execution proceedings have already been instituted, mere institution of suit subsequently and its pendency cannot be made basis to invoke O.21.R.29 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Issuance of warrants - Warrant of possession was issued 11 years after passing of decree - JD did not opt to file any objection/reply to petition for execution of decree - Argument raised by JD that issuance of warrant of possession was without providing opportunity of being heard to JD is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for declaration and permanent injunction - Plaintiff filed the suit on basis of earlier judgment and decree of 1982 in which title of plaintiff was declared - Non-filing of execution proceedings qua said decree of 1982, defendants do not ipso facto become owners of suit property and same does not debar..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of encroachment - Court while directing to remove encroachment does not state on what basis Court has arrived at conclusion that there had been an encroachment - There is nothing forthcoming to prove that defendant had caused any encroachment - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Limitation - No limitation is provided for execution of decree of permanent prohibitory injunction...........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Legal heirs of deceased DH can maintain execution petition against legal heirs of deceased JD in view of S.50 CPC - S.50 of CPC is not confined to a particular kind of a decree and it would cover cases relating to execution of decree for injunction as well...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Executing Court has left everything to be decided by Nazir of Court without recording any finding as to whether JDs have encroached upon suit land after passing of decree - Without undertaking such an exercise, it was not open to executing Court to pass a direction to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Mere mis description of property in the decree will not make decree inexecutable - Moreover, description of boundary does not affect the decree, since DH has already purchased the property to the extent of 4/5th share - Objections dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Arrest of JD - Oral application - Condition for making oral application for arrest of J.D. is that J.D. must be present within the precincts of Court or otherwise oral application cannot be considered for arrest...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Award of arbitrator put into execution and not decree of Court - O.21.R.11 CPC is not applicable...........
