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...raised on merit or other objections.8. In order to appreciate the controversy, Order 21 Rule 35, Order 21 Rule 36 and Order 21 ...is made to appear and answer the same.”10. Under sub-clause (1) Order 21 Rule 35, the executing court delivers actual physical possession of the disputed property to the decree-holder and, if nec...the other person claiming title on their own right to get it adjudicated in the very execution proceedings. We find that Order 21 Rule 35 deals with cases of delivery of possession of an immovable property to the decree-hol...
...provided in Order 21, Rule 36. So, I submit that fact to Your Honour and I submit that I will also declare my objection, when Nazir will come for taking actual possession from me...party to the compromise between the plaintiff and the mortgagees. He, therefore, prayed that symbolical possession should be given to the plaintiff under Order 21, Rule 36 of the CPC.... The learned Sub Judge, Bhuj, who heard the application, passed an order for symbolical possession holding that symbolical possession should be delivered under Order 21, Rule 36...
...Order 21, Rule 36 CPC in Execution Petition No. 12/2010.2. The brief facts of the case are that the respondent No. 1, Murti Mandir Sri. Nyamaji, filed a...Kumar, filed the objection petition under Order 21 Rule 36 CPC. By order dated 18.4.2014, the learned Executing Court dismissed the objection petition. Hence, this petition...application under Order 21 Rule 36 CPC. Therefore, the impugned order dated 18.4.2014 deserves to be set aside.4. On the other hand, Mr. Mahendra Goyal, the...
...Civil Procedure Code for delivery of possession of immovable property in execution of a decree and matters relating thereto. In Order 21 Rule 35 provisions are made empowering the executing court to deliver possession of th...)“10. Under sub-clause (1) Order 21 Rule 35, the executing court delivers actual physical possession of the disputed property to the decree-holder and, if necessary, by removing any pe...on their own right to get it adjudicated in the very execution proceedings. We find that Order 21 Rule 35 deals with cases of delivery of possession of an immovable property to the decree-holder by delivery of actual physic...
...Order 21, Rule 36 of C.P.C claiming that they happened to be the Tenants and they should not be evicted otherwise than in accordance with law. The Application was resisted by the....4. Heard both sides.5. The points for consideration are as to:(i) Whether the Application filed under Order 21, Rule 36 of C.P.C was...a proper one to be filed before the Court or whether an Application under Order 21, Rules 97 & 98 of C.P.C was contemplated in this factual matrix?(ii) Whether the Lower Court in stricto sen...
....”Sub-rules (2) and (3) are not material, hence omitted. Order 21, Rule 36 provides:“Where a decree is for the delivery of any immovable prop...merged into his ownership right, he denied himself of the right under Section 47 read with Order 21 Rule 36, CPC. In these circumstances Order 21 Rule 36 is inapplicable to the c...tenant and, therefore, Order 21 Rule 36, CPC and Section 47 CPC stood in the way of the appellant to have the declaration of title and possession sought for. We are of the considered opinion that on the...
...Order XXI Rule 36 of CPC as per Annexure-B is dated 26.11.2012 and the same is still pending adjudication.4. In the circumstances, this petition merits consideration and is accordin...-holders and they have filed an application-I.A 1 under Order XXI Rule 36 of CPC on 26.11.2012 before the Court below. He further submits that all the judgment-debtors have...36 of CPC as expeditiously as possible but within an outer limit of three months from the date of receipt of a copy of this order. No costs....
...application filed by the petitioner/judgment debtor under Order 21 Rule 36 and 37 of CPC.
1
Hereinafter referred to as 'the Executing Court...:
ORDER
i) The writ petition is allowed.
ii) The order dated 17.09.2021 passed on the application filed under Order ...
37 of CPC by the petitioner/J.Dr. is set aside. iii) The application dated 17.09.2021 filed under Order 21 Rule 36 and 37 of CPC in EP No.225/2005 by the I...
...petitioner contended that as per Order 21 Rule 36 of the Civil Procedure Code, when the immoveable property is in...following the procedure under Order 21 Rule 36. According to him, he cannot be dispossessed physically because no decree of eviction and possession was passed against the...petitioner and if he so desires, he may take an action for eviction as per the provisions under the rent Act. Till that time the procedure laid down in order 21 Rule 36 has to be...
...allowed the suit and passed a decree in favour of the plaintiff as prayed for. Subsequently, to execute the said decree the decree holder filed E.P.No.51 of 2019 under order 21 Rule 36 of CPC seeking for...delivery of immovable property that was decreed in favour of D.Hr. On 24.08.2019 the Executing court issued a warrant under order 21 rule 36 CPC ordering for delivery of property. The grievance of J.Drs...
ORDER:
01. Heard learned counsel Sri K.Vijay Kumar for Sri Venkateswarlu Chakkilam, learned counsel for Revision Petitioner and Sri V.S.K.Rama Rao...
...fifth line’ as ‘under Order 21 Rule 35’ instead of Order 21 Rule 36. According to the respondent, the mistake is typographical error. The petitioner filed counter affidavit. In the counte...:ORDERThis civil revision petition has been filed to set aside the fair and decretal order dated 20.06.2014, made in E.A No. 12 of 2014 in E.P No. 2 of 2014 in O.S No. 256...not raised any serious objection for amending the provision of law and allowed the application in E.A No. 12 of 2014, for amendment of provision of law. Against the said order, the present civil...
...Order 21 Rule 36 of the Code of Civil Procedure which has not been followed.Keeping in view the contentions of the learned counsel for the petitioner, the important questio...learned counsel for the petitioner of his own showing has submitted that the mode prescribed for delivery of possession in the case is provided under Order 21 Rule 36 CPC...which would mean that in any case if the order would have been in favour of the petitioner, the proceedings would not get terminated. If at all Order 21 Rule 36 CPC would...
...CITY CIVIL AND SESSION JUDGE CCH-29, BANGALORE IN EXECUTION CASE 15054/2006 ON IA FILED BY THE
OBJECTOR / PETITIONER UNDER ORDER 21 RULE 36 CPC AND TO
STAY THE...Order
21 Rule 36 of CPC and to stay the execution proceedings, in the interest of justice and equity".
2. Shri Danappa Pradhanappa...application under Order XXI Rule 58 of CPC, having been rejected earlier petitioner had preferred RFA.no.737/2023, which was presently pending before this Court...
...the decree they cannot be dispossessed and that only a symbolic possession can be delivered under Order 21, Rule 36 of...Order 21, Rule 36 of Civil Procedure Code is required to be followed.3. The learned counsel for the petitioners poin...respondents are not necessary parties. This revision petition is, therefore, being disposed of.2. The order impugned in this revision petition was passed by the executing court allowing EA...
...position of law is that when holder of a decree for possession is obstructed by a third party who is not bound by the decree, the holder of the decree may proceed under Order 21 Rule 97, C.P.C, or..., 1989. In relation to that, there is an application under Order 21 Rule 99, C.P.C, filed by non-petitioner No. 3, which is pending. Possession of the other shop, in respect of...remedy of the decree-holder was to apply under Order 21 Rule 97, C.P.C, complaining to the executing Court about the obstruction. It was prayed that the order for delivery of...
...Acts/Rules/Orders: Transfer of Property Act - Section 111; Code of Civil Procedure (CPC) - Order 21, Rules 35(1) and 36 - Order 34, Rule 8; Hyderabad Rent Control Order, 1353; Hyderab...mortgagee, there is no dispute that the mortgagor can be put in actual possession of the property under Order 21, Rule 35(1), Code of Civil Procedure. by removing any person bound by the decree wh...Order 21, R. 36, Code of Civil Procedure, or a person entitled to occupy the property in dispute. But the learned advocate for the Petitioner relying on Section 8...
...of Order 21 rule 36 of the civil procedure code the mortgagees have filed the present appeal contesting the order of the learned assistant judge passed in appeal by him.
(5...the decree - holder which were already in existence. Such a person would be a person who would be bound by the decree. Order 21 rule 36 itself provides that where a decree...symbolical possession to be delivered. Obviously Order 21 rule 36 can have no application in the case of a person who is bound by the decree.
(13) Mr. N. C...
...made an application for execution of his decree. His purchasers were not parties to that application. An order, appeals to have been made in execution under. Order 21, rule 35(1), but the...Order 21, rule 35(1) should be set aside.2. The appellants sought to appeal from that order to the First Class Subordinate Judge, with appellate powers, and an..., as the procedure to be followed when there is a transfer by the decree-holder is laid down in rule 16 of Order 21. The appellants, therefore, cannot appeal against the order...
...dispossessed and the plaintiffs would only be entitled to symbolical possession of the land under Order 21, rule 36, and not actual physical possession though, of course, Piara Singh...resisted by Piara Singh. An application was made by the decree-holder under Order 21, rule 97 of the Code of Civil Procedure complaining of the obstruction. After enquiry the...court rejected the application under Order 21, rule 99.3. To challenge this order the present suit was filed by Piara Singh under Order 21, rule 103, of t...
...of Order 21 Rule 36 of the Code of Civil Procedure, 1908 [for short 'the CPC] as the actual physical possession could not be delivered because he was found to be the tenant...The petitioner is aggrieved against the order of the Lower Appelalte Court dated 8.1.2015 by which the appeal filed against the order dated 22.2.2014 has been allowed and his objection...admissible in evidence. Aggrieved against the said order, the present revision petition has been filed.
Learned counsel for the petitioner has vehemently argued that his possession is...