...-defendant under Section 36 of CPC.Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that the plaintiff filed a suit for...Order 7 Rule 11 of CPC, which was dismissed by the learned trial court vide order dated 11.8.2003 Thereafter the petitioners-defendants moved another applicatin under Section 36 of CPC, while the the plaintiff-respondents moved an application under section 151 of CPC for dismissal of the application filed under section 36 of...CPC. The learned trial court dismissed the application filed under Section 36 of...

...Judge, Rajahmundry, and therefore, there is no infirmity in the lower Court entertaining the E.P.6. Section 2(2) of CPC defines, “decree” means formal expression of adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. Section 36 of...Court. This is made clear by Section 36 of Arbitration Act, which lays down that, “an award shall be enforced under CPC in...Arbitration Act is not a “decree” within the meaning of Section 2(2) of CPC read with Section 36 of CPC, but for the enforcement, the award shall be treated as a decree of...

... 36 of CPC and therefore, the execution petition cannot be sustained. 3. The merits of these submissions are examined in the light of the undisputed fact that the interim.... 2. The learned counsel for the petitioner urges the following grounds: a) The respondent had initiated different proceedings under Section 125 of Cr.P.C, and she has...withdrawn certain proceedings initiated by her under Section 125 of Cr.P.C or because she has called in question the judgment and decree in M.C.No.11/2010 before this Court without an application for...

...Code of Civil Procedure, 1908 (for short 'CPC') is not maintainable and that the petitioner ought to have filed an application under Section 36 of CPC. Accordingly, the application was dismissed. Hence...plaintiff to produce the vehicle as directed under Ext.P3 order. The Munsiff Court, Tirur, considered the application and passed Ext.P6 order stating that the application under Section 151 of the... 2026:KER:51124 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR...

...resolution of said difference of opinion as per Section 98 Sub-section (3) of the CPC read with Clause 36 of the Letters Patent. That in no case the Division Bench was justified...Section 98, CPC as that would render the operation of Rule 186 of the Gujarat High Court Rules otiose. It was next contended that even assuming Section 98 Sub-section (3), CPC applied to the facts of the present case, and consequently Clause 36 of...jurisdiction and consequently such a decision was not at all covered by the sweep of Clause 36 of the Letters Patent and even on that ground only Section 98 Sub-section (2), CPC applied...

...adjudication regarding the recovery of the amount. Counsel for the respondents has contended that the provisions of CPC regarding execution of decrees are applicable to the execution of orders pertaining to the payments against an order as per Section 36 of...order dated September 12, 2008 could have been executed in the light of provisions of section 36 of cpc. I have heard counsel for the petitioner as well as counsel for the respondents...execute the order dated September 12, 2008 restraining the plaintiffs by adverting to the provisions of Order 21 Rule 32 CPC read with Section 36 CPC. The said estopple of the...

...merely provides that the application for grant of stay is to be considered after "having due regard to the provisions for grant of stay of money decree under the provisions of CPC". It is thus been submitted by the learned counsel for the appellant that under sub-Section (3) of Section 36, the...considered as per the provisions of Section 36 of the Arbitration Act, having due regard to the provisions of CPC, which would not be same as "in accordance with" the provisions of CPC. It is vehemently urged that the provisions of Order XXVII Rule 8A CPC, which is an exception in the CPC, should not be brought into the Arbitration Act as it would then result in limiting the effect of Section 36 of...the application for stay filed under Section 36 of the Arbitration Act. 8. Learned counsel for the appellant submitted that the Arbitration Act does not provide for any special treatment to the Government while considering the application for stay under Section 36, and the provision of Order XXVII Rule 8A CPC would...

...this Court to Section 36 of CPC, which reads as under:- "36.Decree for delivery of immovable property when in occupancy of tenant...:- This Civil Revision Petition has been filed under Section 115 of CPC, to call for the records and set aside the fair and decreetal order dated 19.12.2022 in EP.No.19 of 2021 in IA.No.874 of 2018.... The point for consideration is whether the petitioners are entitled to the relief of execution of proceedings under Order 21 of CPC till the implementation of the interim order passed pending the suit...

...that procedure was provided by Section 98 sub-section (2) CPC which was a complete code in itself, the said question could not be resolved by recourse to sub-section (3) of Section 98 CPC as that would render the operation of Rule 186 of the Gujarat High Court Rules otiose. It was next contended that even assuming that Section 98 sub-section (3) CPC applied to the facts of the present case, and consequently clause 36 of...clause 36 of the Letters Patent and even on that ground only Section 98 sub-section (2) CPC applied and as the proviso to the said sub-section (2) could not be invoked for resolving the factual...Court of Gujarat could not be whittled down by the provisions of the Code of Civil Procedure if they were in any way inconsistent with clause 36 of the Letters Patent.11. As laid down by Section 4 sub-section (1) CPC itself...

...Section 36 of the CPC, whereunder even interim order can be executed by filing an execution petition. 12. In support of his arguments, he has placed on record following...defendant to file the execution petition. 17. No doubt under Section 36 of CPC, an interim order can be executed. But the party who obtained the interim order is not...question of application of Section 36, in paragraph Nos.3 to 6 has held as under: ''2. The High Court has refused to entertain an execution petition filed by...

...meaning of Section 36 of CPC. The said section was substituted by Act 104 of 1976 with effect from 1-2-1977. The said Section 36 of CPC falls in Part II under the head ‘Execution’ and the same reads...context, it is relevant to find out what is meant by an order under CPC. If we refer to Section 2(14) of CPC, we find the definition of an order; Section 2(14) of CPC reads as follows:“2. Definitions — In this Act, unless there is anything repugnant in the subject or context—(1) to 13 …………………………(14) “Order” means the formal expression of any decision of a Civil Court which is not a decree;”28. From the above provisions in Section 36 and...the alternative to effect sale of the same and distribute the sale proceedings also in terms of the preliminary decree though not a decree within the meaning of Section 2(2) of C.P.C is an order within the meaning of Section 2(14) of CPC and further an executable order within the meaning of Section 36 of...

...slight modification. The application could not have been dismissed in the garb of provisions of section 152 of the Code of Civil Procedure. Even section 36 of CPC provides...of violation of any of the terms, the Court has power even under section 144 of CPC to restore the parties to the original position and the Court has power even to place the parties, which they...section 152 CPC. 11. It is directed that in case fresh application is filed, the same will be decided expeditiously within a period of six months. It will be open to the Guardian...

...Limited2, would contend that the order passed under Section 9 of 1996 Act are executable under the provisions of Order XXI of CPC as well as Section 36 of CPC. He would... BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10281 OF 2022(GM-CPC) BETWEEN...-decree holder filed an application under Section 9 of Arbitration and conciliation Act, 1996 (for short "Act, 1996") before the Commercial Court seeking a direction against the present petitioner to...

...of the aforesaid ad-interim order of temporary injunction granted in O.S.No.78 of 2021, petition under Order XXXIX Rule 2A R/w Section 151 of CPC & Section 36 of CPC was filed on behalf of the... 12.03.2021 PASSED IN EX.NO.32/2021 FILED UNDER ORDER 39 RULE 2(A) R/W SEC.36 OF CPC, ON THE FILE FIRST ADDL CIVIL JUDGE (JR.DN) AND JMFC, SHIVAMOGGA (I/C FIRST ADDL. CIVIL JUDGE AND JMFC..., taking into consideration Section 146 of CPC, which provides for proceedings by or against representatives has held that a subsequent purchaser is a person who claims right over the...

...execution proceedings were liable to be dismissed.5. The Executing Court by its order dated 18.04.2015 came to be conclusion that in view of provisions of Section 36 and 141 CPC, the...also been dismissed by the trial court. It is further submitted that provisions of Section 36 and 141 CPC cannot result in arming the court with executing an interim order...placed on record.8. Provision of Section 36 and 141 CPC reads as under:-“36. Application to orders- The provisions of this Code relating to the execution of decrees...

...are not given, and no reasons have been assigned as to why Section 36 of the CPC, which authorises execution of an order, should not apply. Section 36 of the Code reads as...commissioner. In my opinion, as I have already indicated, Section 36 of the CPC makes such all order executable as decree.12. In that view of the matter, the appeal must be held as being without...appeal lies to this Court. Mr. Chaudhary, on behalf of the appellants, has submitted that appeal lies under Section 47 of the CPC. He further submits that the order passed by the Court below on 26th...

...passed by this Court is not complied with, the beneficiary there under can seek its enforcement by filing an E.P. in view of section 36 of cpc which lays down that the provisions in the Code relating to...entitled to seek execution of the decree under Order 21 CPC, by virtue of Section 36 CPC." 8. The division Bench of Madras High Court in.... Mohd Ghulam Rasool the learned Counsel representing the petitioner- landlord would contend that in the light of the definition of the civil contempt and criminal contempt under Section 2(b) and 2(c) of...

...with a decree within the meaning of Section 2(2) CPC nor can it be executed under Section 36 CPC. 11. Learned counsel submits that where an.... 32. Since, section 36 of CPC is very relevant and germane to the controversy at hand, it would be appropriate to reproduce Section 36 of the Code of Civil Procedure, which reads as under...relating to execution of decrees to orders as well. Significantly, Section 36 CPC does not confine its operation only to decrees, nor does it use the expression "final orders". Instead, the legislature has used the broader expression "orders", thereby indicating that certain orders of a...

...his decree. 26. We may at this stage notice that under Section 36 of CPC, the provisions relating to execution of decree, apply to the execution of orders also..., whereby learned Executing Court has rejected his objection raised under Section 47 of the Code of Civil Procedure (hereinafter referred to as "CPC"). 2. A decree...departmental enquiry 5. The petitioner/judgment debtor also submitted an objection under Section 47 of CPC before the Executing Court which has been filed as...

...the Memo can be executable. It is also submitted 8 that the provisions of CPC applies while dealing with the case filed under Section 9 of the Arbitration and Conciliation Act, 1996. In this regard, he has drawn the attention of the Court to Section 36 of..., 1996 is not in the nature of decree or executable order. He has also submitted that the Court below has wrongly applied the provisions of CPC to the proceedings under Section 9 of the Arbitration and... 15 Rules 1 and 2 of the CPC. Rather, "interim injunction" in Section 9 (ii)(d) is only of the matters prescribed in Section 9(ii)(a) to (e) qua...