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Brahmdeo Choudhary vs Rishikesh Prasad Jaiswal & Anr on 22 January, 1997

In this connection the Court had also to follow the procedure laid down by Order XXI Rule 105 which enjoins the Executing Court to which an application is made under any of the foregoing Rules of the Order to fix a date of hearing of the application. As the Executing Court refused to adjudicate upon the obstruction and the claim of the appellant who obstructed to the execution proceedings it had clearly failed to exercise jurisdiction vested in it by law. The High Court in ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 06:26:37 ::: AO-45-2018.odt -17- revision also committed the same error by taking the view that such an application was not maintained. It is of course true as submitted by learned counsel for the decree-holder that in paragraph 4 of the judgment under appeal the High Court has noted that there was some discrepancy about the Khasra Number. But these are passing observations. On the contrary in the subsequent paragraphs of the judgment the High Court has clearly held that such an application by the objector was not maintainable and his only remedy was to move an application under Order XXI Rule 99 after handing over possession and consideration of objection to delivery of possession by a stranger to the decree at any earlier stage was premature. It must, therefore, be held that neither the Executing Court nor the High Court in revision had considered the objection of the appellant against execution or merits.
Supreme Court of India Cites 2 - Cited by 235 - S B Majmudar - Full Document

Niyamat Ali Molla vs Sonargon Housing Co-Operative Society ... on 12 October, 2007

(1) N.S.S. Narayana Sarma Vs. Goldstone Exports Private Limited reported in 2001 DGLS (SC) 1476 ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 06:26:37 ::: AO-45-2018.odt -8- (2) Brahmdeo Chaudhary Vs. Rishikesh Prasad Jaiswal & Anr. reported in (1997) 3 SCC 694 (3) Shreenath and Anr. Vs. Rajesh & Ors. reported in (1998) 4 SCC 543 (4) Niyamat Ali Molla Vs. Sonargon Housing Co-Operative Society Ltd. & Ors. reported in AIR 2008 SC 225 (5) Noorduddin Vs. Dr. K.L. Anand reported in (1995) 1 SCC 242 (6) Nav Prakash S. Pednekar Vs. Maharashtra State Financial Corporation & Ors. reported in 2013(1) Mh.L.J. 332 (7) Ashwinkumar K. Patel Vs. Upendra J. Patel and Ors. reported in (1999) 3 SSC 161 (8) P. Purushottam Reddy and Ors. Vs. Pratap Steels Ltd. reported in AIR 2002 SC 771 (9) Nirmala Devi Vs. Gurgaon Scheduled Caste Vimukta Agriculture Thrift and Credit Society Limited & Ors. reported in 2018 (1) ALL MR 931 (10) Rampyare Ram Hiraman Prasad Vs. Usha Prasad Rampyare Ram Hiraman reported in 2017 (5) Mh.L.J 378 (11) Bhawarlal Bhandari Vs. Universal Heavy Mechanical Lifting Enterprises reported in AIR 1999 SC 246
Supreme Court of India Cites 15 - Cited by 87 - S B Sinha - Full Document

P. Purushottam Reddy And Anr vs Pratap Steels Ltd on 21 January, 2002

(1) N.S.S. Narayana Sarma Vs. Goldstone Exports Private Limited reported in 2001 DGLS (SC) 1476 ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 06:26:37 ::: AO-45-2018.odt -8- (2) Brahmdeo Chaudhary Vs. Rishikesh Prasad Jaiswal & Anr. reported in (1997) 3 SCC 694 (3) Shreenath and Anr. Vs. Rajesh & Ors. reported in (1998) 4 SCC 543 (4) Niyamat Ali Molla Vs. Sonargon Housing Co-Operative Society Ltd. & Ors. reported in AIR 2008 SC 225 (5) Noorduddin Vs. Dr. K.L. Anand reported in (1995) 1 SCC 242 (6) Nav Prakash S. Pednekar Vs. Maharashtra State Financial Corporation & Ors. reported in 2013(1) Mh.L.J. 332 (7) Ashwinkumar K. Patel Vs. Upendra J. Patel and Ors. reported in (1999) 3 SSC 161 (8) P. Purushottam Reddy and Ors. Vs. Pratap Steels Ltd. reported in AIR 2002 SC 771 (9) Nirmala Devi Vs. Gurgaon Scheduled Caste Vimukta Agriculture Thrift and Credit Society Limited & Ors. reported in 2018 (1) ALL MR 931 (10) Rampyare Ram Hiraman Prasad Vs. Usha Prasad Rampyare Ram Hiraman reported in 2017 (5) Mh.L.J 378 (11) Bhawarlal Bhandari Vs. Universal Heavy Mechanical Lifting Enterprises reported in AIR 1999 SC 246
Supreme Court of India Cites 13 - Cited by 123 - R C Lahoti - Full Document

Bhawarlal Bhandari vs Universal Heavy Mechanical Lifting ... on 4 December, 1998

(1) N.S.S. Narayana Sarma Vs. Goldstone Exports Private Limited reported in 2001 DGLS (SC) 1476 ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 06:26:37 ::: AO-45-2018.odt -8- (2) Brahmdeo Chaudhary Vs. Rishikesh Prasad Jaiswal & Anr. reported in (1997) 3 SCC 694 (3) Shreenath and Anr. Vs. Rajesh & Ors. reported in (1998) 4 SCC 543 (4) Niyamat Ali Molla Vs. Sonargon Housing Co-Operative Society Ltd. & Ors. reported in AIR 2008 SC 225 (5) Noorduddin Vs. Dr. K.L. Anand reported in (1995) 1 SCC 242 (6) Nav Prakash S. Pednekar Vs. Maharashtra State Financial Corporation & Ors. reported in 2013(1) Mh.L.J. 332 (7) Ashwinkumar K. Patel Vs. Upendra J. Patel and Ors. reported in (1999) 3 SSC 161 (8) P. Purushottam Reddy and Ors. Vs. Pratap Steels Ltd. reported in AIR 2002 SC 771 (9) Nirmala Devi Vs. Gurgaon Scheduled Caste Vimukta Agriculture Thrift and Credit Society Limited & Ors. reported in 2018 (1) ALL MR 931 (10) Rampyare Ram Hiraman Prasad Vs. Usha Prasad Rampyare Ram Hiraman reported in 2017 (5) Mh.L.J 378 (11) Bhawarlal Bhandari Vs. Universal Heavy Mechanical Lifting Enterprises reported in AIR 1999 SC 246
Supreme Court of India Cites 4 - Cited by 47 - S B Majmudar - Full Document

Noorduddin vs Dr. K.L. Anand on 6 October, 1994

(1) N.S.S. Narayana Sarma Vs. Goldstone Exports Private Limited reported in 2001 DGLS (SC) 1476 ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 06:26:37 ::: AO-45-2018.odt -8- (2) Brahmdeo Chaudhary Vs. Rishikesh Prasad Jaiswal & Anr. reported in (1997) 3 SCC 694 (3) Shreenath and Anr. Vs. Rajesh & Ors. reported in (1998) 4 SCC 543 (4) Niyamat Ali Molla Vs. Sonargon Housing Co-Operative Society Ltd. & Ors. reported in AIR 2008 SC 225 (5) Noorduddin Vs. Dr. K.L. Anand reported in (1995) 1 SCC 242 (6) Nav Prakash S. Pednekar Vs. Maharashtra State Financial Corporation & Ors. reported in 2013(1) Mh.L.J. 332 (7) Ashwinkumar K. Patel Vs. Upendra J. Patel and Ors. reported in (1999) 3 SSC 161 (8) P. Purushottam Reddy and Ors. Vs. Pratap Steels Ltd. reported in AIR 2002 SC 771 (9) Nirmala Devi Vs. Gurgaon Scheduled Caste Vimukta Agriculture Thrift and Credit Society Limited & Ors. reported in 2018 (1) ALL MR 931 (10) Rampyare Ram Hiraman Prasad Vs. Usha Prasad Rampyare Ram Hiraman reported in 2017 (5) Mh.L.J 378 (11) Bhawarlal Bhandari Vs. Universal Heavy Mechanical Lifting Enterprises reported in AIR 1999 SC 246
Supreme Court of India Cites 3 - Cited by 149 - K Ramaswamy - Full Document

Mani Nariman Daruwala Alias Bharucha ... vs Phiroz N. Bhatena And Ors. on 30 April, 1991

(1) Brahmdeo Choudhary Vs. Rishikesh Prasad Jaiswal & Anr. reported in 1997 (1) Mh.L.J. (SC) 817 (2) Sarup Singh & Anr. Vs. Union of India & Anr. reported in 2011 SAR (Civil) 40 SC (3) Mani Nariman Daruwala since deceased by his heirs Rusinariman Daruwala and Ors. Vs. Phiroz N. Bhatena and Ors. reported in 1991 Mh.L.J. 376 ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 06:26:37 ::: AO-45-2018.odt -12- (4) M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand Since Deceased by L.Rs. & Ors. Etc. reported in 2018 SAR (Civil) 851 SC (5) Gurnam Singh (D) through Lrs.
Supreme Court of India Cites 13 - Cited by 63 - S C Agrawal - Full Document

M/S Eureka Builders vs Gulabchand Dead By Lrs And Ors Etc Etc on 3 May, 2018

(1) Brahmdeo Choudhary Vs. Rishikesh Prasad Jaiswal & Anr. reported in 1997 (1) Mh.L.J. (SC) 817 (2) Sarup Singh & Anr. Vs. Union of India & Anr. reported in 2011 SAR (Civil) 40 SC (3) Mani Nariman Daruwala since deceased by his heirs Rusinariman Daruwala and Ors. Vs. Phiroz N. Bhatena and Ors. reported in 1991 Mh.L.J. 376 ::: Uploaded on - 30/04/2020 ::: Downloaded on - 01/05/2020 06:26:37 ::: AO-45-2018.odt -12- (4) M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand Since Deceased by L.Rs. & Ors. Etc. reported in 2018 SAR (Civil) 851 SC (5) Gurnam Singh (D) through Lrs.
Supreme Court of India Cites 5 - Cited by 13 - A M Sapre - Full Document
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