Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Warrants of possession can be issued in favour of DH in a suit for permanent injunction in exercise of powers U.O.21.R.32(5) Explanation CPC...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Mere fact that no specific date or time of dispossession of DH from suit property was pleaded or established, it cannot be said that no warrants of possession in her favour can be issued...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Once a concurrent finding of fact was recorded by both Courts below in suit that DH was in possession of suit property, same carried presumption of her possession as on the date of filing of suit till the date of its..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Decree passed in a suit for specific performance does not give any right or title to the decree holder - In case of agreement of sale and a decree passed in a suit for specific performance, right and title passes only on execution of sale deed...........
Registration Act, 1908, Section 17(1)(e) -- Registration - Assignment of decree passed in a suit for specific performance - Does not require registration as such decree does not create or purport to create any right, title or interest in any immovable property...........
Agreement to sell -- Dismissal of suit for specific performance - Appeal - In a suit for specific performance concerning an immovable property, if relief sought is not granted and aggrieved party appeals, then an application seeking to maintain status quo filed before appellate Court cannot be dismissed solely because suit for specific performance stood dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court can grant interim relief pending appeal even if suit is dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court must independently consider the application for interim relief pending final disposal of appeal on its own merits and established legal principles - It should not just look into final outcome of suit...........
Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Challenge as to - Award may be executed as a decree, but its validity cannot be reopened through an ordinary civil suit or by treating some other civil proceeding as a vehicle for setting it aside - Only recognized avenue of challenge is the constitutional jurisdiction of High Court, which is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10 CPC authorizes Court to add any party to suit at any stage of proceedings, whose presence is found necessary, in order to enable Court to effectively and completely adjudicate the issue involved...........
