Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Parties are living separately since 2013 and no cohabitation took place between them since then - Wife is not much willing to stay with husband - Reason assigned by wife to leave her matrimonial home is not satisfactory and is without just and reasonable cause - Decree of divorce..........
Civil Procedure Code, 1908, Order 34, Rule 7 -- Usufructuary mortgage - Redemption - Final decree - Mortgagee of usufructuary mortgage would not be entitled to file an application for final decree either for sale of property or to debar mortgagor from out right to redeem property - Such a right to file a final decree application is conferred upon mortagagee only for other..........
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 23, Rule 3A, Constitution of India, 1950, Article 226 -- Compromise decree - Writ petition - Maintainability - Only remedy available to a party to a consent decree or any person not a party to a suit or appeal, to avoid such consent decree, is to approach the same Court which recorded the compromise and made a decree in terms of it and..........
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..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
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...........
Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Recession of contract - Direction issued to JD to execute the sale deed within two months - DH was bound to make payment at any time within period of two months if JD had so approached to him with an offer of execution of sale - However, no direction issued to DH to deposit money with Court to make..........
