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1 - 5 of 5 (0.21 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Thazhapattathillath Krishnan ... vs T.Damodaran Namboodiri on 24 February, 2005
Similarly, in the
case of Krishnan Namboodiri (supra) it has been rightly held that the
executing court even by invoking section 151 CPC can order delivery of
possession to decree holder who is dispossessed in violation of decree of
prohibitory injunction. By detention of judgment debtor in civil prison for
violation of the decree, the decree holder would not get anything. The
decree which has been passed by the court has to be honoured and executed.
If the possession of the suit property is not delivered to respondent no. 1
decree holder, it would make a mockery of administration of justice. It is
surprising that the petitioner claims that she should be allowed to continue
in possession although her predecessor-in-interest respondent no. 2/JD
violated the decree passed in favour of respondent no. 1 and after taking
possession of the suit property from respondent no. 1 delivered possession
thereof to the petitioner. In view of the decree dated 29.8.1988 passed in
favour of respondent no. 1 by which the petitioner is also bound as she is
claiming through respondent no. 2/JD, petitioner has no right to continue
in possession of the suit property and on the other hand, respondent no. 1
Civil Revision No. 1513 of 2007 -6-
decree holder has right to restoration of possession over the suit property to
him and to continue in possession thereof unless dispossessed therefrom in
due course of law.
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Narinder Singh vs Maya Devi And Ors. on 19 November, 1998
Learned counsel for the petitioner relying on a judgment of this
Court in the case of Narinder Singh versus Maya Devi, 1999(1) RCR
(Civil) 445 contended that under Order 21 Rule 32 CPC warrant of
possession cannot be issued and only detention in civil prison or attachment
of property can be ordered.
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