Civil Procedure Code, 1908, Order 21, Rule 95 -- Auction sale - If there is any ancillary proceedings to set aside the sale, sale will become absolute only after final disposal of those proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution - Ex parte decree - Petitioners already filed a miscellaneous case U.O.9.R.13 CPC for setting aside ex parte decree - O.21.R.26 CPC not applicable - Moreover, no suit is pending between parties except said miscellaneous case - Petitioner had also not shown sufficient cause to stay execution case as such..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree - Petitioner failed to prove the twin requirements which are required to be proved before an order U.O.21.R.32 CPC is passed - Standard of proof required for proving willful violation is to be strictly construed - Moreover, petitioner is basing her case only on the decree,..........
Civil Procedure Code, 1908, Order 21 -- Execution - When an effective alternative remedy is available to petitioner to approach competent civil Court U.O.21 CPC for executing decree passed by a civil Court, public law remedy u/art 226 of Constitution cannot be invoked for execution of a decree passed by competent civil Court...........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary - High Court stayed the order of Executing Court subject to payment of Rs.2.50 lakhs which was deposited by the petitioner - Petitioner allowed to pay the remaining decretal amount in two instalments - In the event of any default in these payments, order of attachment would..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - Decree for specific performance - Petitioner claimed that he purchased the suit property under a registered sale deed for valid consideration from defendant no.5 - However, he purchased the suit property subsequent to registration of deed of sale in favour of DH while..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - O.21.R.29 CPC can be applied only if Court is convinced that it is conducive in the interest of both the parties to stay execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - Petitioner who embarks on the provision should establish that there exists fairly arguable questions to be decided in the pending suit...........
