Search Results for "Order XXI CPC"

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Search Results for "Order XXI CPC"

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Supreme Court

Supreme Court Dismisses Petition Challenging OROP Policy Implementation for Ex-Servicemen. Periodic Revision Every Five Years Upheld as Not Arbitrary Under Articles 14 and 21 of the Constitution of India.

16 Mar 2022

The dispute arose from a petition under Article 32 of the Constitution challenging the implementation of the One Rank One Pension (OROP) policy for ex...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

High Court

High Court of Karnataka Allows Revision Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Decree Holder Entitled to Possession After Court Sale Confirmation. The court held that once a court auction sale is confirmed, the purchaser has a right to delivery of possession under Order 21 Rule 95 CPC, and the executing court cannot dismiss such application.

30 Apr 2014

The petitioner, the decree holder in O.S.No.222/1996, had obtained a money decree against the respondent for Rs.1,15,500/-. In execution proceedings (...

Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

High Court

Bombay High Court Quashes Points Framed by Trial Court in Execution Proceedings Under Order XXI Rule 22 CPC — Executing Court Cannot Go Behind Decree. Executing Court Must Restrict Inquiry to Executability of Decree, Not Its Validity; Points Regarding Binding Nature of Consent Terms, Prior Approvals, and Rejection by General Body Are Impermissible.

14 Dec 2011

The dispute arose from execution proceedings following a consent decree passed in Suit No. 5142 of 1991 by the City Civil Court at Bombay. The petitio...

High Court

Madras High Court Allows Appeal in Commercial Dispute Over Attachment of Property Before Judgment — Order XXI Rule 46 CPC Not Applicable to Original Suits, But Court Grants Relief Under Order XXXVIII Rule 5 CPC. The court held that an application under Order XXI Rule 46 CPC is not maintainable in an original suit, but the plaintiff can seek attachment before judgment under Order XXXVIII Rule 5 CPC if the defendant intends to obstruct or delay execution.

2 Apr 2026

The appellant, Radiance Realty Developers India Limited, filed a suit against the respondent, M. Rekha, for recovery of Rs.41,42,871/- based on a cons...

High Court

Bombay High Court Dismisses Revision Against Order for Possession Under Order XXI Rule 95 CPC — Auction Purchaser Entitled to Delivery of Property from Judgment Debtors After Confirmation of Sale.

12 Sep 2018

The applicants, original judgment debtors, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an o...

High Court

Madras High Court Allows Appeal by Decree-Holder in Specific Performance Execution, Setting Aside Executing Court's Order Allowing Third-Party Claim Under Order XXI Rule 58 CPC. Application Under Order XXI Rule 58 CPC Held Not Maintainable in Execution for Possession Without Attachment, and Successive Application Barred by Res Judicata.

30 Mar 2026

The appellant, V.M.Tamilselvan, was the plaintiff-decree holder in a suit for specific performance (O.S.No.622 of 2010) based on an agreement of sale ...

High Court

Bombay High Court Allows Appeal Against Execution Order in Section 6 Specific Relief Act Suit — Bar Under Section 6(3) Does Not Apply to Execution Proceedings Under Order XXI CPC. Appeal Under Order XXI Rule 103 CPC Held Maintainable as Execution Order Is Not a Decree in the Suit.

27 Sep 2011

The appellant, an obstructionist, challenged a judgment and order dated 7 December 2009 passed by the City Civil Court, Mumbai, which made absolute a ...

Supreme Court

Supreme Court Allows Appeal in Limitation for Possession Under Order XXI Rule 95 CPC — Starting Point of Limitation is Date Sale Becomes Absolute, Not Date of Sale Certificate. Article 134 of Limitation Act, 1963 governs application under Order XXI Rule 95 CPC, and limitation runs from confirmation of sale under Rule 92(1), not from issuance of sale certificate.

1 Jan 2023

The appeal arose from a judgment of the Kerala High Court dismissing a civil revision application filed by the appellants, who were judgment-debtors. ...

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