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...the aggrieved person is to approach the execution court under Order 21 Rule 32 CPC which provides for elaborate proceedings in which the parties can adduce their evidence and can examine and cross...skip the remedies available under Order 21 Rule 32 CPC and resort to the contempt proceedings for the reason that the court has to exercise its discretion under the 1971 Act when an effective and...decree and breach of such undertaking is to be dealt with in execution proceedings under Order 21 Rule 32 CPC and not by means of contempt proceedings. Even otherwise, it is not desirable for the High...
...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...judicata. Once the application, dated 25-5-1979 was made, the Court should have treated it to be one filed under Order 21, Rule 97(1) CPC. The question of res judicata for filing the second and third...resistance caused by Satyanarain under Order 21 Rules 35(3) and 97(2) and Order 21, Rules 101 and 102 of CPC.”It would, therefore, be clear that an adjudication...
...the passage of the appellants through the “QOADEMLP area” of the land shown in the decree of the trial court. When the appellants had filed an application for execution under Order 21 Rule 32 CPC in...execution under Order 21 Rule 32 CPC could be laid to enforce the injunction granted in the suit in respect of the aforesaid area.6. It is contended that the High Court has...consequence is the execution proceedings under Order 21 Rule 32 CPC which reads as under:“32. (3) Where any attachment under sub-rule (1) or sub-rule (2) has remained...
...in revision aggrieved against an order passed by the learned Executing Court on 20.10.2010, whereby an application filed by the Decree Holders under Order 21 Rule 32 of CPC...application under Order 21 Rule 32 CPC could not have been recorded as such findings were not necessary for deciding an application under Order ...under Order 21 Rule 32 CPC.However, the finding that petitioners have not proved the sale was without legal necessity, is not necessarily required to be...
...Order1. This appeal by special leave concerns a Police Sub-Inspector who in the discharge of his duty was about to attract an order under Order 21 Rule 32 ...respondent 3, the said respondent moved the Executing Court under Order 21 Rule 32 CPC complaining obstruction and necessary orders in that regard. He arrayed the SSP and the SHO as respondents. They filed...the Courts below that the appellant was a person who could be brought within the grip of Order 21 Rule 32 CPC. The said provision in an extracted form can be re-written as follows...
...), dismissed the execution application filed under Order 21 Rule 32 r/w Section 151 of CPC holding it to be not maintainable due to previous execution of judgment and decree by delivery of possession...under Order 21 Rule 32 r/w Section 151 of CPC was filed by the applicant with the contention that although in pursuance of judgment and decree of declaration of title and restoration of possession, the...application under Order 21 Rule 32 and Section 47 of CPC and as such by moving the said application, prayer for restoration of possession was made.
3. Upon service of notice...
...M.M.S BEDI, J. (ORAL)Vide impugned order, an application under Order 21 Rule 32 CPC filed by the decree holder-petitioner has been dismissed. The...nor her legal heirs can be stated to be bound by judgment and decree. Moreover, the objective of Order 21 Rule 32 CPC is not to punish erring judgment debtor but to enforce...judgment and decree passed by the Court. It has been observed that the sale deed has already been executed and that the judgment and decree cannot be enforced in the garb of Order 21 Rule 32 ...
...).8. The learned Single Judge considered the said Rule in juxtaposition with Order 21 Rule 32(1) of the Code and has observed that the latter provision deals with execution of a decree o....9. The learned Judge pointed out that under Order 21 Rule 32 the wording is that the “decree may be enforced by his detention in the civil prison or by the attachment of his property or...the two remedies, therefore, suggests that the conjunction ‘and’ used in the language of sub-rule (1) of Rule 2-A of Order 39 CPC should not be read as ‘or’ as has been used in the language of sub...
...allowed wherein Court has exercised powers under Order 21 Rule 32 of the CPC and directed removal of impediment.
3. Order passed below Exh. 17 is questioned on the ground that objections..., Court has allowed Application Exh. 17 particularly having regard to the provisions of Order 21 Rule 32 of the CPC.
7. No case for interference is made out. Petition fails, stands dismisse...Order 21 Rule 32 of the Civil Procedure Code, 1908.
2. Application Exh. 16 for detention of the Petitioner Judgment-Debtor came to be rejected, however, Application Exh. 17 came to be...
.... Therefore, the petitioners filed E.P No. 4/96 under Order 21 Rule 32 CPC for arrest and attachment of the property belonging to the respondent. Pending disposal of the E.P, th...under Order 21 Rule 32 sub-Clause (1) CPC seeking arrest of the respondent. Pending disposal of the said application, the petitioners invoked the inherent power of the...possession of the Decree-holders. It is not a mandatory injunction. The only remedy for violation of prohibitory order is provided under Order 21 Rule 32(1) CPC. Therefore, the...
...the petitioner and also held that warrant of restoration of the possession could be issued in favour of the decree holder under Order 21 Rule 32 CPC.2. Some...defendants were restrained from interfering in the possession of the decree-holder. The decree-holder filed an execution application under Order 21 Rule 32, CPC. In column No...petition has been filed by the judgment-debtor under Order 21 Rule 32 CPC on the grounds that he was dispossessed after the passing the said decree and therefore he is...
...Order 21 Rule 32 CPC, was dismissed.The plaintiff filed a suit for specific performance of an agreement to sell dated 23.11.1981 The said suit was decreed on on..., the petitioner and the other co-decree holders filed an application dated 1.7.1995 titled under Order 21 Rule 32 CPC to execute the decree and for registration of the sale...Order 21 Rule 32 CPC on 3.12.1997 for the reason that the condition in decree for deposit of the balance sale consideration within two months of the grant of decree, was not com...
...dated 21.12.2015 (Annexure P/8) passed by the Civil Judge (Senior Division), Fazilka by which, an application filed by the petitioner/applicant under Order 21, Rule 32 of the CPC for the enforcement of...- applicant by the trial Court is that the description of the land in the judgement and decree dated 02.01.2013 and in the application filed under Order 21, Rule 32 of the CPC does not matches. As per the...petitioner under Order 21, Rule 32 of the CPC
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after giving due opportunity to the parties concerned. Keeping...
...Bakhshish Kaur, J. - An application under Order 21 Rule 32 CPC filed by the petitioners was dismissed by Civil Judge (Senior Division), Hoshiarpur on December...against it. They are trying to interfere with his possession. Hence, application with a prayer for taking action against them as contemplated under Order 21 Rule 32 CPC has been...action under Order 21 Rule 32 CPC. Resultantly, the application was dismissed. Hence the Civil Revision.
6. I have heard Shri P.K. Joshi, learned counsel for...
...This civil revision is filed against the impugned order vide which the application filed under Order 21 Rule 32 of the CPC was dismissed as they did not find...-2016 (O&M) -2- In view of the above, the present civil revision is disposed of with liberty to the petitioner to file fresh application under Order 21 Rule 32 CPC alongwith...
...been dismissed.
The said application was filed in an application under Order 21 Rule 32 of
CPC for initiation of contempt proceedings. In the interregnum, vide...order
dated 06.11.2023, the application under Order 21 Rule 32 CPC itself stands
dismissed.
2. Learned counsel for the petitioner states that an...
....
2. By means of this petition filed under article 227 of the
Constitution, the petitioner wants expeditious disposal of
pending case being Misc. Case No.73 of 2019 under Order
21 Rule 32 ...trial court concerned to dispose of the
pending application under Order 21 Rule 32 CPC as
expeditiously as possible preferably within a period of three
months from the date of presentation of certified...
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.... Order 21 Rule 32 of the CPC provides for execution of decree for specific performance of a contract, or for restitution of conjugal rights, or for an injunction. Rule 32(1) of...Order 21 Rule 32(1) CPC; in such a situation, disobedience cannot be termed as wilful. But the initial onus to place the relevant material for an action against the...resolved by insertion of an Explanation to Order 21 Rule 32(5) by CPC Amendment Act, 2002 (22 of 2002) with effect from 6.6.2002, which is as under:“Explanation...
...admittedly opened. It would appear that it was closed due to the contempt proceedings taken. The question is: whether the decree passed in 1965 is executable under Order 21, Rule 32, CPC. It says where a...under Order 21, Rule 32, CPC is unenforceable and cannot be executed.4. The courts below, therefore, were wrong in proceeding under Order 21, Rule...