Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 100, 101 -- Auction sale - Setting aside - At the instance of D.H. - Sale confirmed within 30 days of acceptance of the bid - Not by itself decisive to set aside sale after 8 years...........
Civil Procedure Code, 1908, Order 21, Rule 97, 103 -- Application U.O.21.R.97 - Adjudicatory order is treated as decree against which an appeal and not revision is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Removal of person bound by decree who does not vacate - It would include claim of a person who claims to be in possession in his own right and independently of judgment debtor but whose claim ex facie is unsustainable - However, when resistance is offered or where obstruction proceeds from the claimant claiming to be in..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Resistance or obstruction to execution of decree by any person - Removing of obstruction and delivery of possession - Executing Court to adjudicate upon the application U.O.21.R.97(1) and objector to be heard on the application before passing any order - It is not the mandate of law that possession be handed over first..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Delivery of possession - Removal of obstruction - Objector claiming independent right over property and asserting its possession - Objector already filed suit for declaration of its title and for declaration that decree passed is not binding on it - Held, filing of independent suit is not a ground to refuse to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Possession - Obstruction from 'Any person' - All questions including questions relating to right, title or interest in the property arising between the aggrieved party whether he is the decree holder or any other person in possession of the immovable property under execution shall be..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Possession - Any person claiming title to the property - Executing Court to consider all questions raised by the person offering obstruction and to pass appropriate order which is to be treated as a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Resistance or obstruction to the possession of immovable property by 'any person' - This may be either by the person bound by the decree, claiming title through judgment debtor or claiming independent right of his own including tenant not party to the suit or even a stranger - It is the Executing Court who is to adjudicate..........