VANIYANKANDY BHASKARAN versus MOOLIYIL PADINHJAREKANDY SHEELA

VANIYANKANDY BHASKARAN versus MOOLIYIL PADINHJAREKANDY SHEELA

Rule 104 of Order 21 CPC does not apply since the appellant's suit was filed after commencement of execution proceedings. Thus, the injunction granted by the trial court to restrain execution was irregular and must be set aside.

Parties
Appellant: Vaniyankandy Bhaskaran; Respondent: Mooliyil Padinhjarekandy Sheela
Jurisdiction
India
Judgment Date
14 October 2008
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Execution Proceedings, Specific Performance, Injunction, Interpretation of Order 21 Rules 101 104
Civil Procedure Execution Proceedings Specific Performance Injunction Interpretation of Order 21 Rules 101 104

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Parties

Vaniyankandy Bhaskaran

Appellant

Mooliyil Padinhjarekandy Sheela

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Applicability of Order 21 Rule 104 in the context of pending suits during execution proceedings
  2. 2 Burden of proof regarding alleged manufactured agreement

Ratio Decidendi

Rule 104 of Order 21 CPC does not apply since the appellant's suit was filed after commencement of execution proceedings. Thus, the injunction granted by the trial court to restrain execution was irregular and must be set aside.

Court Disposition

Appeal dismissed

Orders

  • Order of High Court upheld
  • Appeal dismissed with costs assessed at Rs.10,000/-