Search Results for "Order XXI Rule 58"

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Search Results for "Order XXI Rule 58"

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High Court

Commercial Division of High Court of Karnataka Examines Claim of Joint Ownership in Property Attachment Objection Under Order XXI Rule 58 CPC. Dispute Concerns Whether Judgment Debtor Has Share in Self-Acquired Property of Father Despite Gift Deed Executed Prior to Attachment.

20 Jul 2026

The matters arose from execution proceedings concerning two decrees obtained by related decree holders against a judgment debtor, a sole proprietor. T...

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 ...

Supreme Court

Supreme Court Dismisses Third-Party Claim in Execution Proceedings -- Appellant Fails to Remove Property Attachment for Arbitral Award Recovery -- Mother of Company Director Cannot Defeat Creditor's Rights as Post-Award Purchaser

12 Feb 2026

The Supreme Court upheld the attachment of property in execution of an arbitral award, rejecting the third-party claim by Appellant who had purchased ...

High Court

Bombay High Court Allows Appeal Against Order for Possession of Bungalow in Execution of Consent Decree — Third Party Claim of Ownership Requires Proper Inquiry. Court Receiver Not to Take Possession of Property Claimed by Appellant Under Registered Sale Deed Without Adjudication Under Order XXI Rule 58 of Code of Civil Procedure, 1908.

25 Sep 2018

The appellant, Gunjan Pujit Aggarwal, filed an appeal against an order dated 25 July 2018 passed by a learned Single Judge of the Bombay High Court in...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Order XXI Rule 58 CPC Claim Dismissed as Not Maintainable Due to Prior Attachment and Lack of Possession. The court held that a claim petition under Order XXI Rule 58 CPC is not maintainable when the property was attached before judgment and the claimant was not in possession at the time of attachment.

23 May 2018

The appellant, Swamy H.L., filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 19.09.2008 passed by the First Ap...

High Court

Karnataka High Court Allows Second Appeal in Execution Dispute Over Attached Property — Sale Agreement Prior to Attachment Confers Right to Resist Execution Under Order XXI Rules 58 and 97 CPC. The Court held that attachment before judgment does not create any right or title, and a prior sale agreement coupled with possession gives the purchaser a right to object to execution.

13 Apr 2015

The appellant, S.K. Gangadhara, entered into a registered sale agreement on 01.07.2004 for the purchase of a house property from Sri B.M. Krishna. The...

High Court

Bombay High Court Allows Third Party Claim in Execution Proceedings — Property Purchased Prior to Attachment Not Liable. Applicants' title upheld as sale deed executed before warrant of attachment under Order XXI Rule 54 CPC.

6 May 2013

The case arises from execution proceedings initiated by Mahindra and Mahindra Financial Services Ltd. (claimant) against Vishal S. Bagadia and another...

High Court

Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

6 Sep 2005

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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