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..........
Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Stay of a judgment or decree is a concept unknown to law - What can be stayed is the operation or execution of a judgment or decree...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Mere fact that husband failed to put into execution of decree of restitution of conjugal rights, inference cannot be drawn that husband did not want company of wife...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Computation of period for deposit of sale consideration - First appellate Court decreed the suit against which second appeal was filed which was dismissed - Original decree passed by first appellate Court merged with decree passed by Second appeal and it further got merged with decree of Supreme..........
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...........
Constitution of India, 1950, Article 226 -- Writ petition for execution of Arbitral award - Not maintainable - Judgment creditor to file an execution proceeding before competent Executing Court...........
Evidence Act, 1872, Section 17 -- Admission - Execution of document - When execution of a document is either admitted or proved and no disabling factor or vitiating circumstances is alleged or proved, admission or proof of signature with necessary formalities, if any will be proof of execution with knowledge of contents at least prima facie for purpose of shifting the..........
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 20, Rule 12A -- Decree for specific performance - Non-deposit of balance sale consideration - DH has not shown any readiness to deposit balance sale consideration with trial Court even within extended time of 2 months - He never moved any application for extension of time - Executing Court wrongly assumed that time stands extended once..........
