Search Results for "Order XXI CPC"

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Search Results for "Order XXI CPC"

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High Court

Bombay High Court Quashes Detention Order in Execution Proceedings for Non-Compliance with Procedural Requirements Under Order XXI Rule 32 CPC. Executing Court Failed to Consider Alternative Modes of Execution Before Ordering Civil Imprisonment for Breach of Injunction Decree.

18 Jul 2013

The petitioners, Bhagwat Appa Chopade and others, were judgment debtors in Regular Darkhast No.59 of 1994 arising from a decree for perpetual injuncti...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

25 Jul 2022

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order.

14 Jan 2019

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the...

High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

High Court

High Court of Bombay at Goa Considers Whether Supreme Court Observations in Dismissed SLP Set Aside Executing Court's Rejection of Objections Under Section 47 CPC. Petition Challenges Order Dated 24.04.2024 Rejecting Application Under Section 47 Read with Order XXI Rules 97-105 CPC in Execution Proceeding.

11 Jul 2025

The writ petition under Article 227 of the Constitution of India was filed by Rupa Jitendra Deshprabhu challenging the order dated 24.04.2024 passed b...

Supreme Court

Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

12 May 2023

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...

High Court

Bombay High Court Allows Execution of Consent Decree Without Notice to Non-Signatory Defendants Under Order XXI Rule 22(2) CPC. Court held that notice under Order XXI Rule 22 CPC can be dispensed with when judgment-debtors had notice of the consent decree and failed to comply with reciprocal obligations.

12 Apr 2013

The plaintiff, Ashford Developers Pvt. Ltd., filed a Chamber Summons in Execution Application seeking directions to the Prothonotary to take on file a...

High Court

High Court of Karnataka Quashes Execution Court Order in Recovery of Possession Case — Petitioner's Application for Re-Delivery Dismissed as Not Maintainable Under Order XXI Rule 100 CPC. Court Held That Order XXI Rule 100 CPC Applies Only When Decree Holder Is Not Party to Proceedings, Not When Decree Holder Seeks Possession Against Judgment Debtor.

9 Jul 2024

The petitioner, Smt. Girija Poojarthi, was the defendant No.7 in a suit for recovery of possession (O.S.No.374/1999) which was decreed on 24.07.2007. ...

High Court

High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

17 Sep 2018

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

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