Execution – Eviction Decree -…

Execution – Eviction Decree – Third person is not entitled to file an application U.O.21.R.97 CPC, as said application may be filed by a DH in event of execution of decree is resisted or obstructed by any person obtaining possession of property.

Permanent injunction – Property in…

Permanent injunction – Property in question was rented out to defendant – However, property is in dilapidated condition and it is not in use for purpose for which it was let out – Manner in which plaintiff came into possession looses relevance – Since plaintiffs are in possession of suit property, as defendant is no […]

Co-sharer – Cannot seek an…

Co-sharer – Cannot seek an injunction against another co-sharer except in a case where he shows that other party is in exclusive possession of common property and act of person in possession of property amounts to ouster of co-owner.

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