Civil Procedure Code, 1908, Section 47, 50 -- Execution - Objections - JDs claimed that suit property has come to their hands not in their capacity as Lrs but in their independent capacity being male lineal descendants of protected tenant - Said claim raised by JDs therefore, required to be determined by Executing Court as this is a question which relates to execution,..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Money decree - Executing Court dropped the execution proceedings on the ground of technicality, without providing any opportunity to petitioner to supply required particulars of properties indicated in application for execution in compliance with provisions of O.21.R.11(2) CPC - Impugned order not sustainable -..........
Agreement to sell -- Plaintiff inducted only because of agreement to sell - Relief of specific performance denied to plaintiff - However, plaintiff was compensated for Rs.2 crores and directed to hand over possession to defendant - Plaintiff has been unnecessarily delaying and causing obstruction in execution of decree - He has no locus or justification to hold on to..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Money decree - Claim petitioner sought to resist execution relying on an unregistered non-possessory agreement executed subsequent to attachment, would not confer any right, title or interest to claim petitioner in suit property to resist execution - Claim petition rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for injunction - Disobedience of a decree of injunction is necessary for seeking restitution U.O.21.R.32(5)...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree for injunction restraining defendant from interfering with use and possession of plaintiffs - Application U.O.21.R.32 CPC is vague, as no details of interference in possession of plaintiffs were given - Executing Court allowed the application without properly appreciating the controversy -..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - JD cannot invoke O.21.R.97 CPC to resist execution of a decree passed against him...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - O.21.R.29 CPC confers a limited power which is discretionary and intended to prevent multiplicity where same parties are litigating in two proceedings - It cannot be used by JDs to stall execution of a decree already affirmed in appeal and second appeal - If JDs believe that they have an..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Police protection orders are not intended to operate as instruments for recovery of possession - Directing police to dispossess others and restore possession would, in effect amount to execution of a decree, which can only be sought in execution proceedings U.O.21 CPC...........
