Search Results for "Order XXI Rule 106"

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Search Results for "Order XXI Rule 106"

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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

Bombay High Court Examines Writ Petition Against Executing Court Order in Arbitration Act Enforcement — Challenge to Exhibit-31 Order Under Section 36 of Arbitration and Conciliation Act, 1996. Procedural Objections to Execution of 1996 Arbitral Awards Rejected as Time-Barred and Res Judicata by Supreme Court Findings.

17 Apr 2024

The Bombay High Court, Aurangabad Bench, heard a writ petition filed by Vikram Anilkumar Patel and Darshan Anilkumar Patel, who were judgment-debtors,...

High Court

Karnataka High Court Considers Writ Petition Against Rejection of Obstruction Application in Execution Proceedings. Execution Court Dismissed Application Under Order XXI Rule 97 Without Enquiry, Allegedly Violating Order XXI Rule 101 CPC.

13 Dec 2024

The petitioner, a third party objecting to the execution of a decree for vacant possession, challenged the order of the Principal Civil Judge and JMFC...

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

Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

9 Jan 2026

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Setting Aside of Ex-Parte Decree in Encroachment Suit. Court Holds That Petitioner Failed to Prove Non-Service of Summons and Alleged Collusion, and Application Under Order IX Rule 13 CPC Was Without Substance.

20 Sep 2006

This civil revision application arose from an order rejecting an application to set aside an ex-parte decree in a suit for possession, damages, and ma...

High Court

High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

7 Oct 2005

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

High Court

Bombay High Court Rejects Preliminary Objection to Writ Maintainability in Execution Restoration Matter. Court Holds Order Rejecting Restoration Application Under Section 151 CPC Not Appealable Under Order XLIII Rule 1(ja) CPC Because Execution Application Was Not Dismissed Under Order XXI Rule 105.

6 Aug 2025

The High Court of Judicature at Bombay considered a writ petition filed by a decree holder challenging the dismissal of his application for restoratio...

High Court

High Court of Bombay Quashes Restoration of Execution Proceedings Allowed by Trial Court Under Section 151 CPC. Execution proceedings dismissed for non-prosecution in 1991 restored in 2003 after four-year delay without condonation; court holds inherent powers cannot be exercised when specific provisions under Order 21 Rules 105 and 106 exist and period of limitation has expired.

20 Oct 2010

The High Court of Bombay at Aurangabad dealt with two civil revision applications filed by the judgment debtors challenging an order of the Civil Judg...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

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