Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated which issue already stands..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JD contended that DH by playing fraud on Court obtained decree, thus, decree is not executable and proceedings in execution case be stayed till disposal of suit instituted by JD against DH - However, detail particulars of fraud have not been stated in plaint as per O.6.R.4 CPC - Mere..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Decree for possession and permanent prohibitory injunction - Defendant filed application for stay of execution on the ground that suit land was not identifiable and decree is unexecutable - However, land is clearly described and depicted in decree, there is thus, no ambiguity with regard to description of..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Declaratory decree - Stay of operation - It is only execution of executable decree can be stayed - As execution of declaratory decree is not required as such execution of declaratory decree cannot be stayed - However, since property in lis has to be preserved, direction issued that during pendency of appeal, strict status quo..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC does not confer any power or jurisdiction on Appellate Court to stay execution of a decree which is not challenged in that particular appeal...........
Court Fees Act, 1870, Section 12 -- Issue of payment Court-fees - Is a part of decree - As plaintiffs have not filed application U.O.41.R.5 CPC for stay of judgment and decree and the said part of decree has not been stayed by first appellate Court hence, same is executable...........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at Meerut seeks partition of entire..........
Limitation Act, 1963, Article 136 -- Limitation - `Enforceable' - Once a decree is stayed, the period of limitation will have to go into abeyance and limitation would begun to run only after stay is vacated...........
Mohammedan Law, Section 281(2) -- Restitution of conjugal rights - Petition by husband - Husband proved that wife without any lawful cause ceased to cohabit with him - Wife on the other hand failed to prove that husband and his parents have caused cruelty to her - Nothing on record to show that wife has reasonable apprehension that her life with husband is impossible or..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental and physical cruelty - Petition by wife - Forcible sexual intercourse - Act of sodomy, forcible sexual intercourse and adoption of unnatural means which are forced upon other spouse and result for unbearable pain to extent that one is forced to stay away is certainly a ground to seek separation or decree of..........
