Civil Procedure Code, 1908, Section 151, Order 21, Rule 35, 97 -- Delivery of possession in execution of decree - Suit for declaration of title and possession and permanent injunction filed by the society - Compromise affected between the society and defendant therein - Right, title and interest of society over the land was accepted - Suit decreed as per compromise - After..........
Civil Procedure Code, 1908, Section 11 -- Explanation. VI - Suit for possession and injunction - Contention of J.D. that decree was inexecutable as property belonged to CSI Church and Church not made party in the suit - Vicar and Bishop of CSI Church were defendant in suit - No case of J.D. that they were not putting forward rights of Church or there was any mala fide..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Obstruction in passage - Prayer for removal of junction box - Defendant not filling written statement - No ground to decree the suit straightway - Plaintiff to prove his own case and have to stand on his own legs - Concurrent findings of facts by Courts below that no obstruction to the user of passage - No..........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Section , Order 7, Rule 1 -- Suit for declaration and permanent injunction - Ownership over the property claimed on the basis of Wills - No plea in the plaint with regard to existence and validity of Civil Court decree - Decree produced during course of evidence - No relief can be claimed and granted..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Permanent injunction decree restraining interference in peaceful possession - J.D. claiming to be in possession of suit land prior to passing of decree and also after passing of decree - This fact indicates that J.D. not ready to obey the decree passed by the civil Court - Decree ordered to be enforced by detention of J.D...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Two suits filed by plaintiff claiming permanent injunction and common relief of removal of gate fixed by defendant - Cross suits also filed by defendants - In both suits of plaintiff issue in respect of unauthorized gate was framed and specific finding given - In such circumstances it cannot be aid that no..........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Construction raised in the garb of ad interim injunction - Thereafter suit dismissed for default - Removal of construction raised in the garb of ad interim injunction - Petition under section 144 is not maintainable unless there is any decree or order passed by a competent court of law which is either varied or..........
Limitation Act, 1963, Article 135 -- Execution - Mandatory injunction - Date fixed for performance of decree three months from the date of decree - Limitation of three years starts to run from date of performance of decree and not from date of decree - In case of correction of the date of the decree the same cannot be held as the date of commencement of the period of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Compromise decree - Passed in a suit for permanent injunction - Plaintiff in possession - Agreed to relinquish possession - Compromise recorded - Execution petition by defendant decree holder for possession - Objected to - Objection not tenable - Issue of vacating premises a collateral issue in the suit - Decree executable -..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Declaration and permanent injunction suit - Necessary party - Non - impleadment - Not fatal to suit - Such party not bound by the said judgement and decree...........
