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Ramrup Rai vs Mst. Gheodhari Kuer And Ors. on 24 October, 1979 cites

Baijnath Prasad Sah vs Ramphal Sahni And Anr. on 24 October, 1961

In support of his contention Mr. Rai placed reliance upon the Full Bench decision of this Court in Baijnath Prasad Sah v. Ramphal Sahni, (AIR 1962 Pat 72) where it was held that the principle of constructive res judicata applies to an execution proceeding also. It was laid down in that decision that there are five important stages in an execution proceeding of a money decree, namely, (1) issue of notice under Order 21, Rule 22, (2) the order for issue of attachment, (3) order for sale of the property, (4) sale of the property, and (5) confirmation of the sale.
Patna High Court Cites 59 - Cited by 31 - Full Document

Mohd. Ismail vs Ashiq Husain on 4 August, 1969

9. From a perusal of para 7 of the Order of the lower appellate court, however, I find that it has come to a conclusion that two Docharas were constructed by the judgment-debtors during the pendency of the suit, although some other structures were already there from before. The decree-holder has prayed for delivering vacant possession over the lands on demolishing the two Docharas only, which according to the above finding were constructed pendente lite. In that view of the matter, I will allow this appeal and direct the executing court for giving possession of the land after removal or demolition, as the case may be, of the two Docharas. With respect to the constructions, if any, already on the land from before, it would simply allow some reasonable time to the judgment-debtors to remove the materials of the said structures. I find support for this view from the case of Mohd. Ismail v. Ashiq Husain (AIR 1970 All 648).
Allahabad High Court Cites 1 - Cited by 15 - Full Document
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