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...the attachment property is advertised for sale the court is empowered to grant stay of sale or confirmation of sale having in view the circumstances set out in rule 59. Order 21 rule ...rule 58 aborts the invocation of rule 59. Admittedly the sale of the attached property is confirmed on 19 - 9 - 1983 and the application under Order 21 rule 58 ...the sale has not taken place. The
provisions of Order 21 rule 59 cpc show that where before a claim is preferred or objection made, and the property attached had already...
...Order 21 Rule 59 CPC, the learned counsel has submitted that pending adjudication of the claim Petition, the property shall not be sold, while so, the trial Court ought to have...amount was paid though the Preliminary Decree was passed on 06.06.2002 and Final Decree on 10.06.2002. Drawing the attention of the Court to Order 21 Rule 59(2) CPC, the learned...technical ground.
12. Under Order 21 Rule 59(2) CPC, stay of sale is not mandatory. It is within the discretion of the Court. Order of stay of sale und...
...21 Rule 58, Order 21 Rule 59 and Order 21 Rule 90, CPC, were fixed for evidence on 28.8.1998, 25.9.1998 and 10.12.1998. On 10.12.1998, the executing Co...M/s Shankar Dass Sood and Company, the Punjab and Sind Bank had moved objection petition under Order 21 Rule 58, CPC, and application under order 21 ...of the Bank and the equitable mortgage created in respect of the property in dispute in favour of the Bank. This objection petition as well as the application under order 21 Rule 59, CPC...
...said suit was decreed. He filed E.P.No.15 of 2019 for realization of the E.P. amount under Order-21, Rules-66 and 64 of CPC by way of sale of the E.P.schedule property, which was attached before judgment. In the said E.P., ...under Order-21, Rule-59 CPC and sought for stay of all further proceedings in the E.P. The Court below upon perusing the material on record in proper perspective rightly allowed the petition granting...Respondents: G SRAVAN KUMAR
The Court made the following: ORDER
1...
...granted stay of all further proceedings in EP.
8. Under Order 21 Rule 58 CPC claim petition against attachment can be filed by third party and under ...procedure for adjudication of the claim petition is provided by the same Amendment Act by appropriately amending Order 21 Rules 97 to 104 CPC. By the aforesaid amendment, elaborate scheme for adju...under the scheme of Order 21 Rules 97 to 104. Keeping in view the intent and purpose of the providing a remedy to third party by way of claim petition and for adjudication thereof, the intent and purpose ...
...Order 21 Rule 58 CPC claim petition against attachment can be filed by third party and under Order 21 Rule 59 CPC...by appropriately amending Order 21 Rules 97 to 104 CPC. By the aforesaid amendment, elaborate scheme for adjudication on claim petition is provided and a separate suit is barred. However, a ...is not specifically provided under the scheme of Order 21 Rules 97 to 104. Keeping in view the intent and purpose of providing a remedy to third party by way of claim petition and for adjudication thereof...
.... case AIR 1983 AP 335 it will be seen that in para 14 of its judgment, the learned Judge considered the impact of Order 21 Rule 59. The learned Judge...remained to be done.10. Shri Narasimha, learned counsel appearing on behalf of the appellant invited our attention to the language of Order 21 Rule 58 CPC which is as under...the basis of an application made by the appellant under Order 21 Rule 58 CPC. The objector was none else but the son of the judgment-debtor whose property was auctioned. The objection was that since...
...notice as required under Order 21 Rule 59 CPC has to be necessarily issued to the parties or anybody who has claim over such property. In the present case, it is not in dispute that the execution...admitted fact that the execution petition has been filed within a period of three months from the date of the decree. Order 21 Rule
22 CPC provides that when an application is...for requiring him to show cause why the decree should not be executed against him and the proviso to Order 21 Rule 22 CPC provides that no such notice is required if the application is made...
...
6.2 It is also urged that applica$ons under Order 21 Rule 89 and Rule 90 CPC could not have been pursued together in view of Sub-rule (...aGachment has already been effected but prior to the sale, an applica$on is made for staying the sale by the judgment debtor on any ground. That situa$on is dealt with by Order 21 Rule 59 CPC, which reads a...being given opportuni$es aBer filing of the proclama$on under Order 21 Rule 66 CPC, did not raise objec$ons un$l 10.05.1996 i.e., just five days before the scheduled sale. Nonetheless, since objec$ons were filed befor...
...petition under order 21, rule 59 cpc are concerned, the same principle was applied by a division bench of the calcutta high court in rekha rani vs. Shyam sundar i am therefore...which did not necessitate the furnishing of security. In the calcutta case above mentioned, the division bench held while dealing with order 21, rule 59 cpc that a...set aside
(14) For the above reasons, i am therefore of the view that the order passed under order 21, rule 59 cpc is liable to be set aside...
...appeal in view of second limb
of clause (B) of Order 21 Rule 59 CPC. It is obvious that the
conclusion is based upon this crucial aspect as evident from the
categorical...counsel for the revision petitioner contends
that the executing Court committed serious illegality by ordering stay
of delivery under Order XXI Rule 59 CPC in E.A.No.252 of 2014....
According to the learned counsel, the executing Court can certainly
entertain an application filed under Rule 59 of Order XXI CPC provided
the petition filed under...
...Executing Court on 21.04.2023, whereby owing to non-appearance of the petitioner-Judgment Debtor or his counsel, two applications preferred by him under Order 21 Rule 106 read with Section 151 of Code of Civil Procedure (...petitioner, was dismissed by the Court after noticing the provisions of Order 21 Rule 106 of CPC as the appropriate remedy for getting ex-parte order set aside had not been availed by the petitioner...respondent No.1.
Jyotsna Rewal Dua, Judge
Heard learned counsel on both sides.
2. The order impugned in this petition was passed by learned...
...confirmed in R.A No. 292/2012 by the V Additional District Judge, Mysore.2. Grounds urged by the objector is that his application under Order 21 Rule 58 and under Order 21 Rule 59 R/W Section 151 of CPC came...
...PASSED BY THE HONBLE PRINCIPAL
CIVIL JUDGE AND JMFC AT SAGAR ON I.A NO.5 UNDER ORDER 21
RULE 58 R/W SECTION 151 OF CPC TO DETERMINE / ADJUDICATE
... WRIT PETITION NO. 5328 OF 2024 (GM-CPC)
BETWEEN:
SMT. LAXMI
W/O SRINIVAS
AGED ABOUT 60 YEARS...)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 29.01.2024...
...limb of clause (B) of Order 21 Rule 59 CPC. It is obvious that the conclusion is based upon this crucial aspect as evident from the categorical observation, But it is clear...Order XXI Rule 59 of Civil Procedure Code (for short CPC) for stay or to stop the delivery proceedings pending in E.A. No. 96 of 2013 in E.P. No. 99 of 2009. The executing Court...by ordering stay of delivery under Order XXI Rule 59 CPC in E.A. No. 252 of 2014. According to the learned counsel, the executing Court can certainly entertain an...
...-AP-335) which has been extracted by the Honourable Supreme Court in 10/23 https://www.mhc.tn.gov.in/judis the decision cited supra. It is stated as below:- "The provisions of Order 21 Rule 59 CPC sho...Petitioner/ objector. Hence, it is obvious that the claim application filed by the revision petitioner has not been disposed of in accordance with the provisions of Order 21 Rule 58 of CPC even though...corroborative evidence and acceptable 17. It is needless to mention that the adjudication referred to under Order 21 Rule 58 of CPC not...
..., therefore, he is barred by law from raising the question once again. (g) Apart from that the revision petitioner instigated his son Sivalingam to file an application under Order 21 Rule 59 ...and hit by the provisions of Order 21 Rule 64 CPC and also to pass necessary orders. (b) The reasons stated by the petitioner before the lower Court would be that the...auction sale for execution of a decree for a sum of Rs.8,189/- only and it is a clear violation of the provision of Order 21 Rule 64 CPC. The order of confirmation of sale passed...
...on the award passed by the Court dated 26.04.2013. The first respondent herein filed an application in E.A.No.236 of 2020 under Order 21 Rule 59 of CPC.
2...Petitioner/LR of 1stRespondent/ Petitioner/Claimants
(Cause title is accepted vide Court order dated 03.03.2023 made in CMP(MD)No.2677 of 2023 in CRP(MD)SRNo.13146 of 2023.... ... 2ndRespondent/2ndRespondent
PRAYER:- This Civil Revision Petition has been filed under Section 115 of CPC, to direct the Sub Court, Sankarankoil to consider and...
..., despite pendency of the objections under Order 21 Rule 58 and 59 CPC, the lower Appellate Court has directed the State to calculate the solatium and interest. Mr. Piyush Bansal, learned Deputy..., Advocate, for the respondents.
AMIT RAWAL J. (Oral)
Challenge in the present petition is to the impugned order dated 24.10.2013, whereby...Advocate General, Punjab submits that the order is vitiated in law, inasmuch as once a categoric objection had been taken, the lower Appellate Court could not have passed impugned order as has been done, as...
...authorized person.
It is further stated that Order 21, Rule 58 CPC provides that where any objection is made to the attachment of any property attached in execution of ...auction, filed before the authority concerned is not disputed. Order 21 Rule 59 CPC provides that during the pendency of such objection, the property shall not be sold. It is.... Order 21 Rule 59 (b) CPC provides that where before the objection was made, the property attached had already been advertised for sale, the court may, if the property is immov...