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SANDEEP MEHTA, VIKRAM NATH
Uttam Rice Mill, Dhamtari – Appellant
Versus
Ashok Construction Company – Respondent
| Table of Content |
|---|
| 1. background of execution proceedings and judicial decisions. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments related to the application of procedural rules. (Para 9 , 13 , 14) |
| 3. court's observations on diligence and conduct of the parties. (Para 10 , 11 , 12 , 15 , 16) |
| 4. court's final decision and restoration of previous orders. (Para 17) |
| 5. disposal of pending applications. (Para 18) |
ORDER :
2. The instant appeal has been preferred by the appellant-defendant against the order dated 26.06.2024 passed by the High Court of Chhattisgarh in M.A. No. 93 of 2019 wherein the High Court had allowed the miscellaneous appeal filed by the respondent-plaintiff and set aside the orders dated 19.04.2018 and 04.10.2019 passed by the Executing Court and essentially restored the execution proceedings initiated by the respondent.
4. After a decade, i.e. on 26.09.2012, the respondent filed for execution of the aforesaid decree in Execution Application No. 16-B/2002 before the Executing Court. While notice had been issued to the appellant-defendant in the aforesaid Execution Application, the Executing Court had further directed the respondent to pay process fee as well as list of movable pr
A person claiming independent right, title or interest in the property can resist delivery of possession even by filing an objection under Order 21 Rule 97 CPC in the executing court itself and if th....
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
Order 21 Rule 29 CPC applies only when both the execution proceedings and the suit between the decree-holder and judgment debtor are pending before the same Court. Section 151 CPC cannot be used to s....
The executing court has the discretion to restore execution proceedings based on the interest of justice and the peculiar facts and circumstances of the case.
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