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Showing posts with label obstructionist proceeding. Show all posts
Showing posts with label obstructionist proceeding. Show all posts
Tuesday, 28 April 2026

Execution of decree and obstruction to its execution

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 Execution is the process by which a decree-holder enforces a decree through the civil court. The law on execution is contained mainly in Se...
Wednesday, 25 December 2024

Whether a person can resist execution of decree saying that he is subsequent transferee if he is in possession of immovable property but sale deed is not executed in his favour?

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The learned Counsel for the respondent No. 2 sought to urge that the respondent No. 2 has been put in possession of the flat pursuant to the...
Saturday, 24 June 2023

What is the scope of the enquiry under Order XXI, Rules 97-101, CPC ?

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    In the case on hand, the obstructionists do not claim title under any one of the parties to the litigation. They set up independent titl...

Can the executing court decide questions of title raised by third parties who assert independent ownership under Order XXI, Rules 97-101 of the Civil Procedure Code (CPC)?

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Technically the High Court may not be right, in the true legal sense, in branding the preliminary decree as vitiated by fraud. But the fact ...
Monday, 14 December 2020

Whether the court should direct obstructionist to pay compensation or rent to the landlord during pendency of obstructionist proceeding?

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Usually, the appellate court, or sometimes the executing court, requires the tenant to pay compensation pending the appeal on the execution ...
Saturday, 2 May 2020

Important Notes on Civil procedure Code

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1) Execution of decree -Important provisions of CPC https://www.lawweb.in/2019/09/execution-of-decree-important.html 2) Notes on Repr...