...application under Order 21, Rule 99 Code of Civil Procedure (‘CPC’ for short)?”The High Court agreeing with the executing court has negatived the aforesaid request...of the appellant by holding that such stranger to the decree who has put forward his obstruction in the execution proceedings has the only remedy under Order 21, Rule 99 CPC after his obstruction is...order dated 15-2-1996. The executing court took the view that the remedy of the appellant was to move an application under Order 21, Rule 99 CPC only after he was dispossessed and as that stage was...

...seeking adjudication of his objections under Order 21 Rule 97 of the Civil Procedure Code?6. Respondent 1, Rajesh, filed a suit for the redemption of his mortgage against...No. 1-A of 1970-81 for delivery of vacant possession. The present appellants also moved an application/objections under Order 21 Rule 97 CPC resisting that they cannot be dispossessed in terms of the...AIR 1980 MP 146, 1980 MPLJ 623 held that the appellants had no right to object to the decree under Order 21 Rule 97. The said Full Bench held: (AIR Headnote...

...aside sale of immovable property under Order 21 Rule 89 of the Code of Civil Procedure is 30 days from the date of sale [being the period prescribed in Order 21 Rule 92(2) CPC] or 60 days from the....4. On 21-1-1983 i.e on the 59th day after the date of sale, an application was filed under Order 21 Rule 89 CPC and the prescribed amount was also deposited....5. On 11-3-1983 the executing court dismissed the application on the ground that the deposit was not made within 30 days as prescribed under Order 21 Rule 92(2) CPC. The judgment-debtor filed...

...21-9-1993, dismissed the revision. The findings recorded by the trial court were upheld and it was further found that Order 21 Rule 2 of the Code of Civil Procedure was not applicable to the facts of...adjustment of the decree within the meaning of Order 21 Rule 2 CPC and, therefore, it could not be recognised by the executing court in view of the bar created by sub-rule (3). The decree, it is...to the attorney who had reinducted him in the premises in question as a licensee.8. Section 47 and Order 21 Rule 2 of the Code of Civil Procedure provide as under...

...21 Rule 32 of the CPC the appellant filed an objection on the ground that he could not be dispossessed. It is not in dispute that the appellant was not a party to the decree for specific performance.... His objection was overruled by the executing court holding that since he had not been dispossessed, application under Order 21 Rule 97 is not maintainable. That view was affirmed by the High Court in...filed under Order 21 Rule 35(3) or one filed under Section 47 would be treated as an application under Order 21 Rule 97 and an adjudication is required to be conducted under Rule 98. Dispossession of...

...square yards to recover Rs 7780.33 which includes costs. On November 4, 1978 warrant of its attachment was issued under Order 21 Rule 54 in Form 24 of Appendix ‘E’ of the Schedule to CPC. On becoming.... Ultimately on April 20, 1979 the Court passed the order thus:“Order dictated on this date. The decree-holder has moved an application under Order 21 Rule 66, CPC for...given notice nor was he present, nor aware of passing of that order. On May 2, 1979 sale warrant under Order 21 Rule 66, CPC was issued. On July 6, 1979 auction was held in which Rajinder Singh and...

...maintain an application under Order 21 Rule 97 of the Code of Civil Procedure complaining of his alleged dispossession in execution of a decree for specific performance of a contract of sale obtained ex...-holder through Court Nazir without any obstruction or resistance from anyone.7. On 21-9-1996, the objectors filed an application under Order 21 Rule 99 before the executing...was alleged that the suit for specific performance and the decree obtained ex parte against the judgment-debtors were collusive.8. The application under Order 21 Rule 99...

...first respondent, Rajiv Trust. The execution court, however, held that the second respondent being a third-party resister cannot avail himself of the remedy provided in Order 21 Rule 101 of the Code...Court concurred with the view of the execution court that grievances of the second respondent cannot be canalised through Order 21 Rule 101 presumably because the decree-holder has not moved the...application for police help to remove the resistance under Order 21 Rule 97 of the Code. Nonetheless, learned Single Judge observed that the application of the second respondent could be gone into by the...

...question which was considered was, if a mortgaged property was sold in execution of a mortgage decree and if the application to set aside the sale under Order 21 Rule 90 was dismissed but time was...the consent of the parties. The answer was “no”. The Court said on the dismissal of an application under Order 21 Rule 90, confirmation of sale under Order 21 Rule 92 had to follow as a matter of...-debtors had the right to ask for an order in terms of Order 34, Rule 5(1) in their favour. In this case an application under Order 21 Rule 90 had been made and therefore the sale could not be confirmed...

...applied for execution of the decree against the judgment-debtor, that is to say, the present Respondent 6, under Order 21 Rule 35 by an application dated 24-5-1978. In execution proceedings, the...appropriate steps under Order 21 Rule 97 for removal of the obstruction and to have the rights of the parties including the obstructionist adjudicated under the provisions of Order 21 Rule 101. We do not...under Section 151 of the Civil Procedure Code read with Order 21 Rule 35 and Order 21 Rule 101 for adjudication of her rights. All these applications of the appellant have been dismissed on the ground...

...proceed with application under Order 21 Rule 97 CPC or with civil suit. Until further orders the petitioner shall not be removed from possession in execution of decree...Nazir, filed an application under Order 21 Rule 97 CPC, were premature.4. The appellant also filed Title Suit No. 66 of 1993 against the decree-holders in respect of the same..., the appellant filed a caveat under Section 148-A of the Civil Procedure Code praying that in case any application under Order 21 Rule 97 CPC is filed by the decree-holder, in that event the caveator...

...favour.2. Normally the sale would have been confirmed after 30 days, if no application had been made under Order 21 Rule 90 of the Code of Civil Procedure, for Order 21 Rule 92...thereupon the sale shall become absolute”. As an application had been made on May 3, 1958 under Order 21 Rule 90, the sale could not be confirmed till that application was disposed of. Proceedings under...Order 21 Rule 90 seem to have gone on upto October 7, 1958. On that day it appears that one of the respondents gave evidence as a witness. Thereafter it was the turn of the Society decree-holder to...

...Pygah, the respondents trace their title to transfers by some decree-holders in the suit. The objections filed by the appellants under Order 21 Rule 99 read with Rule 101 of the Civil Procedure Code...execution petition filed by the respondents for delivery of possession before the District Judge, Ranga Reddy district, some of the appellants filed petitions under Order 21 Rule 97 read with Rule 101 CPC...applications under Order 21 Rule 99 CPC and also the question of limitation, uninfluenced by any direction given by the High Court. The High Court was directed to go into all the questions arising in...

...of Order 21 Rule 89 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) to the judgment-debtor.2. Undoubtedly the sale took place on 25-5-1981 and even the...objections, which were filed for setting aside the sale under Order 21 Rule 90 of the Code were dismissed on 4-5-1982. An application purporting to be under Order 21 Rule 89 of the Code was filed on...28-5-1982. It may be mentioned that even an appeal has been filed against the order of the executing court dated 4-5-1982 dismissing the objections to the sale filed under Order 21 Rule 90 of the Code...

...1993 was filed by the appellant on 13-8-1993 under Order 21 Rule 95 of the Code for delivery of possession. The respondent filed counter-affidavit inter alia taking the stand that the execution...informed the Court that his client was not agreeable to receive any amount and wanted the property. The High Court on examining the scope and ambit of Order 21 Rule 64 of the Code held that the executing...background of Order 21 Rule 64 of the Code. It is further submitted that even conceding for the sake of argument that Article 134 of the Limitation Act had application, the delay in filing the...

...amount. Later a notice under Order 21 Rule 66 of the Code of Civil Procedure (hereinafter shall be referred to as “CPC”) was stated to have been issued to the appellant. However, despite service of....5. The appellant then woke up from its slumber and filed objections under Order 21 Rule 90 CPC raising various grounds. The executing court then framed issues, reproduced by the learned...aforesaid orders the objections preferred by the appellant herein purportedly filed under Order 21 Rule 90 CPC met with the fate of dismissal.10. The appellant also filed an...

...N.L Untwalia, J.— In this appeal by special leave of this Court is involved the interpretation and true meaning of sub-rule (2) of Rule 89 of Order 21 of the Code of Civil...an application under Order 21 Rule 90 of the Code for setting the sale aside. This application was registered as Miscellaneous Case No. 3/1967 in Execution Case No. 12/1967. The period of 30 days from...the date of sale expired during holidays. Respondent 1 on the reopening date i.e on January 1, 1968 instituted Miscellaneous Case No. 1/1968 by an application made under Order 21 Rule 89 of the Code...