Notice under xxi rule 22 served for exitcution asked for rule 32(1)
deepak
(Querist) 29 December 2011
This query is : Resolved
"SUIT PREMISES IS SHOP". MY Judgement date 20/2/2010."Suit stand decree with cost ,defendant are hereby restrained by order of injunction from working & conducting saloon business in the suit shop".Issues & Finding,1)DO PLAINTIFFS PROVE THEIR RIGHT,TITLE &INTEREST OVER SUIT PROPERTY? Ans:YES. 2)DO PLAINTIFFS PROVE THAT DEFENDANTS ARE IN PERMISSIVE POSSESSION OF SUIT PROPERTY? Ans:YES.3)DO DEFENDANTS PROVE THAT THEY ARE POSSESSING SUIT PROPERTY IN THEIR INDEPENDENT CAPACITY AS TENANT? Ans:NO. 4)DO PLAINTIFFS PROVE THAT THEY OWN THE ENTIRE MATERIAL OF THE SUIT SHOP? Ans: NO.5)WHETHER PLAINTIFFS ARE ENTITLED FOR THE RELIEFS CLAIMED? Ans: YES.6) WHAT ORDER &COST?Ans:AS PER FINAL ORDER. First appeal in highcourt is pending for stay on decree.No stay order is given still today I have served NOTICE under rules 22 for execution within two year. opposite advocate argues saying that "if appeal is pending you cannot execute the decree there is recent judgement higher court,I have asked warrant of attachment under order xxi rule 32(1) of the code if civil procedure,1908. Qus: AFTER I GOT THE ORDER FOR ATTACHMENT HOW CAN I GET POSSESSION? WHAT ARE THE FURTHER STEP TO TAKE GET THE POSSESSION?
Devajyoti Barman
(Expert) 29 December 2011
The defendant is making a lame defence. Even Order 41 of CPC makes it amply clear that mere pendency of Appeal would not operate as Stay unless there is an specific order form the higher court in this regard.
So proceed with the execution case.
prabhakar singh
(Expert) 29 December 2011
Qus: AFTER I GOT THE ORDER FOR ATTACHMENT HOW CAN I GET POSSESSION? WHAT ARE THE FURTHER STEP TO TAKE GET THE POSSESSION?
ANSWER!!Proceed as provided in order 21 rule 35,36. Decree for delivery of immovable property when in occupancy of tenant
Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy, the Court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, the substance of the decree in regard to the property. Arrest and detention in the civil prison
Arrest and detention in the civil prion
deposit fees for issuing citation of possession to court amin (bailiff)and also for police aid if needed.
Rajeev Kumar
(Expert) 29 December 2011
I do agree with experts
Dr J C Vashista
(Expert) 01 January 2012
Get the decree executed as per Order 21 Rule 35,36 CPC. no hitch is there
