Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Appellant never dispossessed from the property in question and till date possession of same rests with him - Appellant not entitled to make an application U.O.21.R.99 raising objections in execution proceedings since he has never been dispossessed as required U.21.R.99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 43, 64, 66 -- Execution - DH can proceed against any one of JDs and he is not required to proceed against principal borrower at first instance...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DH 23 years after obtaining decree had alleged violation of decree and encroachment of suit land by JDs - No documentary evidence in form of any demarcation report etc. was adduced by DH regarding alleged encroachment over suit land - Even, there..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale - It is necessary to sell only the portion of property which is necessary for satisfaction of decree and a duty is cast upon Court U.O.21.R.64 CPC to ensure said compliance...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Decree for payment of money - Provision of O.21.R.37 & S.51 CPC are mandatory - Before ordering civil imprisonment Court has to give an opportunity to J.D. to show cause as to why he should not be committed to prison...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Third party objections - Maintainable even when an application for impleadment by such third party was earlier rejected...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree - Executing Court before passing an order U.O.21.R.32 CPC, is required to record a finding that JD has wilfully disobeyed decree and in the absence of said material, Executing Court is left with no choice but to dismiss execution petition ...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections by third party - Executing Court is not obliged to determine a question merely because resistor or objector has raised it - Question which executing Court is obliged to determine U.O.21.R.101 CPC must possess two adjuncts: (a) such question should have legally arisen between parties..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Person including a stranger could maintain a petition U.O.21.R.97 CPC and get adjudication when he was to be dispossessed by Decree Holder...........
