Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Issuance of warrants - Warrant of possession was issued 11 years after passing of decree - JD did not opt to file any objection/reply to petition for execution of decree - Argument raised by JD that issuance of warrant of possession was without providing opportunity of being heard to JD is..........
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..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Police aid can be granted even at first instance so as to ensure quick delivery of possession to the decree holder...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Police protection - Decree for permanent injunction - Police protection allowed by executing Court - Order set aside by High Court - Application not liable to be dismissed merely for the reason that it was filed u/s 151 CPC and not U.O.21.R.32 CPC - Order allowing police protection cannot be set..........
Civil Procedure Code, 1908, Section 51 -- Execution - Decree for possession - Warrants of possession - Police help - Bailiff report shows that execution of warrants of possession not possible without police help, as the JD's obstructed the execution thereof - Nothing wrong in providing police help for execution of warrants of possession - No interference warranted...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in accordance with law...........
Police Protection -- Trespass into property after eviction in execution of decree - Petitioner cannot be driven again to Civil Court for recovery of possession of his property - Police protection granted with direction to restore possession and to ensure maintenance of law and order situation - If necessary respondents be evicted by force...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree - Held, mere filing of two..........
