... A.Muhamed Mustaque, J. The petitioner seeks only a breathing time to enable him to file an appeal against the dismissal of his objections raised under Order 21 Rule 97 of the Civil Procedure Code. 2. In such circumstances, we order that the execution petition... TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946 OP (RC) NO. 56 OF 2025 AGAINST THE ORDER DATED 13.02.2025 IN EA 2845 OF 2023...and move for stay against the execution. This Original Petition(Rent Control) is disposed of as above. The petitioner shall serve a copy of this judgment on the learned counsel...

...filing the appeal, has been dismissed, whereas two other revision petitions have been filed against the dismissal of the objections in the pending execution application seeking execution of the judgment...(Annexure P-1) passed by the Additional District Judge, Patiala, whereby application filed under Section 5 of the Limitation Act in support of the first appeal seeking condonation of delay of 208 days in..., reasonable explanation has been given in not filing the appeal within time. The petitioner should have been vigilant in ascertaining the outcome of the suit and sitting at home would not serve the purpose...

...sale certificate was issued to the purchaser on 2.7.1997 after filing of the suit for injunction and after the objections of the plaintiff in execution were dismissed, so is the appeal against an order of dismissal of...Hemant Gupta, J.:— The plaintiff is in appeal aggrieved against the judgment of the High Court of Judicature at Bombay dated 21.1.2015 whereby the suit for redemption of...for a stay on the execution of the decree. However, such an order (Ex.124) will not operate as res judicata as the application was only to stay the execution and the appeal against the said order was...

...to Debts Recovery Tribunal.9. Appellants/applicants had duly filed their objections dated 26.2.1998 before Debts Recovery Tribunal against execution filed by the bank.10. The objections filed by appellants/applicants were dismissed by Debts Recovery Tribunal.11. The appeal against dismissal of objections was filed.12. Appeal was also dismissed.13. Mortgaged property was sold in execution...oblivious of the fact that in the execution proceedings, objections were filed by the petitioners before the Tribunal; the same were dismissed, mortgaged property was sold; sale was confirmed in favour...of the order dated 10.4.2010 passed in Civil Misc. Appeal No. 20 of 2009:- “9. Following facts are duly established on persual of file and evidence led by the parties:-1. That suit for...

..., Chandigarh in Misc. Civil Appeal No.125 of 2025, whereby the appeal against the order of dismissal of objections of the petitioner/judgment debtor in execution proceedings has been dismissed. Challenge...is also to the order dated 11.02.2026 (Annexure P-7) passed in execution whereby the Civil Judge (Junior Division), Chandigarh, in pursuance of the dismissal of the appeal, has ordered the auction of...judgment debtor were dismissed on 15.04.2025, it was not open to the judgment debtor to file subsequent/repeated objections in the same execution proceedings, seeking recalling of the warrant of...

...mistakes in the main judgment and decree dated 14.5.2012 could not be allowed to continue, and thus by the impugned judgment the first appellate court which was only hearing an appeal against the dismissal of the objections in the execution, has...provision of Order XLI Rule 33 CPC even on a plain reading thereof would only apply when the first appeal is filed against the main judgment and decree. Order XLI Rule 33 CPC when used in execution...in the court below was filed by the present respondent against the order of the executing court dated 6.11.2013 dismissing the objections. The scope of the hearing before the first appellate court was...

...mistakes in the main judgment and decree dated 14.5.2012 could not be allowed to continue, and thus by the impugned judgment the first appellate court which was only hearing an appeal against the dismissal of the objections in the execution, has...provision of Order XLI Rule 33 CPC even on a plain reading thereof would only apply when the first appeal is filed against the main judgment and decree. Order XLI Rule 33 CPC when used in execution...in the court below was filed by the present respondent against the order of the executing court dated 6.11.2013 dismissing the objections. The scope of the hearing before the first appellate court was...

...for specific performance had been filed on 05.08.2004 that is immediately after the disposal of the case before the Hon'ble Supreme Court on 05.07.2004 and after the dismissal of the appeal by the Additional District Judge against the order rejecting her objections in execution petition...not executable. She also filed C.R No. 5058 of 2004 before this Court against the dismissal of her objections in the Executing Court. The civil revision was also dismissed. The time for evicting the...independent appeal against the judgment of the trial Court directing delivery of possession; (iii) by filing objection in execution petition filed by the plaintiff for recovery of possession of property; (iv...

...procedure in every false and frivolous objections. Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree. In considered opinion of this Court, the objections were rightly rejected by the executing Court and the lower Appellate Court was fully justified in dismissing the appeal against the order of dismissal of...21.05.2016 passed by Civil Judge (Sr. Divn.) Fazilka, whereby objections filed by the petitioner under Order 21, Rule 58 CPC in respect of execution and registration of sale deed...-holder/respondent No.1 filed execution against the judgment-debtor for execution and registration of the sale deed through the process of the Court. In the execution, petitioner Pirthi Singh filed...

...filing a suit for declaration and permanent injunction. Objections were also filed by the petitioner before the executing Court below, that were dismissed. Appeal against the dismissal of the objections was filed before the Additional District Judge, Sri. Muktsar Sahib.The executing Court passed the order for execution of the sale deed in respect...Stenographer was appointed Local Commissioner for execution of the sale deed and the execution application was adjourned to 23.8.2013 Appeal against the dismissal of her objections is still pending before the...ordered the execution of sale deed through a Local Commissioner, in compliance of the judgment and decree that was passed against the petitioner. Even the objections raised by the petitioner were...

...to comment on the merits of the issue since the appeal against dismissal of objections is pending. However, such efforts to stall the execution proceedings are not unknown. There is no crystallized right of the present petitioner in the...Court of Addl. District Judge, Gurdaspur, vide which the application for stay of execution proceedings during the pendency of appeal was rejected. 2. The facts, as...house in dispute'), situated at Jail Road, Gurdaspur, 1 of 4 against respondent No.3 Gaurav Kumar. This suit...

...all the zimni orders from the date of institution of execution proceedings till the date when application for recalling would be filed. The petitioner would also place on record the judgment and decree of which execution was sought as well as order of dismissal passed in the earlier objections filed by the petitioner and also order passed in the appeal vide which the appeal against the... sought has also not been annexed. The order of dismissal of earlier objections filed by the petitioner as well as the order of dismissal of the appeal of the said order...filing an adjournment slip. 2. A perusal of the paper book would show that the impugned order was passed on 06.11.2023 and appeal therefrom was also dismissed on...

...(Central), Tis Hazari Courts, Delhi] of dismissal of Execution First Appeal filed by the appellant against the order [dated 13thDecember, 2011 in Execution No.56/2007 of the Court of Civil Judge-01 (North), Delhi] of dismissal of objections filed.... Section 100 and Order XLII Rule 1 of the CPC, invoking which this Second Appeal has been preferred, provide for a Second Appeal against a decree in First Appeal against a decree in suit. All the orders made...in the course of execution or even if adjudicating objections under Section 47 of the CPC have not been conferred the status of a decree. The definition of a decree in Section 2(2) of the CPC does...

...objection petition filed by the appellant in the execution proceedings initiated by the respondent No.1 was dismissed on merits on 14.03.2014. The appeal against the dismissal of the objections has also been dismissed and from which no further proceedings have been initiated and as such, the order has become final. The decree dated 02.07.2005 has attained finality as the appeal filed against the said decree has been withdrawn and the objections filed by the appellant in execution petition... appeal challenging the dismissal of the objections has also been dismissed. It may be noted that in the execution petition issues were framed and the execution petition has been dismissed by a...speaking order on merits. In the objections filed by the appellants, the appellants had raised the plea of the alleged Will left behind by late Ata-ur-Rehman dated 28.02.2002. The appeal against the...

...hereinbefore. I have carefully considered the matter. As noticed hereinbefore, dismissal of objections preferred by respondent no. 2-State of Punjab by the executing Court vide order Annexure P-7 attained finality because State of Punjab did not prefer any appeal against the said order. As regards respondent no. 1-JD, he had no right to raise any such objection in the execution proceedings..., dismissing objections of both the respondents, is restored. The executing Court shall now proceed with the execution proceedings in accordance with law as expeditiously as possible. Counsel for the parties are directed to appear before the executing Court on...problem of decree holder starts after passing of decree in his favour is amply demonstrated by this case. Suit filed by Vidya Wati against respondent no. 1-Piara Singh-judgment debtor (JD) for...

...took no further steps in the case the learned Subordinate Judge dismissed the application for execution on 1st April 1935 and Appeal No. 126 of 1935 is directed against this dismissal. Now most of the..., holding that they could not be substituted in the Jamtara Court. Appeal No. 104 of 1935 is directed against that part of the order by which the objection of the Official Trustee and Biswa Niranjan was...those of Satya Niranjan and Sada Naranjan, they had definitely and specifically objected that execution could not proceed against them in the Jamtara Court. So far as the other two persons are concerned...

...N.N Goswamy, J.—This second appeal is directed against the order dated 17-11-1976 passed by the Rent Control Tribunal whereby the review petition filed against the dismissal order of the...appeal by the appellant was also dismissed.2. The appellant bad obtained an eviction order against the tenant in 1968. In execution one Raj Bahadur and another objector filed their...objection petitions claiming to be lawful tenants in their own rights. The objections of the other objector were dismissed but objections of Raj Bahadur prevailed. Against that order, the landlord filed an...

...his appeal against the dismissal of his objections. The execution proceedings cannot be allowed to become second round of litigation. As a sequel to above, this Court does not inclined to interfere in the...the appeal against the dismissal of objections was filed after a delay of almost three months and thereafter an application under Order 41 Rule 19 CPC for restoration of the application for...19.07.2017, an appeal was preferred by the petitioner against the aforesaid order under Order 43CPC along with an application for condonation of delay under Section 5 of Limitation Act. However, when...

...the above grounds, the appellant-objector prayed for dismissal of the execution petition.The claimant-decree holder took the stand that objections were frivolous. Since no appeal etc...Accident Claims Tribunal, Karnal, has recorded good grounds for dismissal of the objection filed by the appellant-objector, therefore, I do not find any merit in the present appeal and the same is hereby dismissed....NARESH KUMAR SANGHI, J.Challenge in this appeal is to the order dated 05.05.2012 passed by learned Motor Accident Claims Tribunal, Karnal, whereby the objections filed by...

...June 1921, and after its dismissal the decree-holier applied to the court of first instance for execution of the decree against the sureties. On objections being raised by the sureties the application...Sulaiman, J.:— This appeal arises out of certain execution proceedings. Mahipal Singh brought a suit for a simple money decree against Raghunandan which was decreed sometime ago. An appeal...was dismissed as against them.3. That order was upheld in appeal and the decree holders have now come up in execution second appeal and urge that the sureties are liable...