The remedy under Order 21 Rule 99 CPC is no doubt one of the remedies available to the person dispossessed. But, we are unable to construe Order 21 Rule 99 as placing a bar on bringing an independent suit for possession, without filing an application under the said Rule. Such a bar, in our view, does not arise even by necessary implication. -2015 A.P. (2014)msklawreports

The remedy under Order 21 Rule 99 CPC is no doubt one of
the remedies available to the person dispossessed.
But, we are
unable to construe Order 21 Rule 99 as placing a bar on
bringing an independent suit for possession, without filing an
application under the said Rule. Such a bar, in our view, does
not arise even by necessary implication.

The third party aggrieved by dispossession in execution
of a decree, may make an application to the Court
complaining such dispossession. If he makes such an
application, all questions including questions relating to right,
title and possession in the properties shall be decided in that
application as if it were a full-fledged suit for title and
possession and no separate suit would lie for this purpose.
However, an appeal lies under Rule 103 as if the order passed
on such application were a decree.
We are unable to visualise
the provisions of Rules 99 to 101 even after amendment as
laying down an exhaustive Code on the remedies of the third
parties dispossessed in execution of a decree for possession.
The remedy under Order 21 Rule 99 CPC is no doubt one of
the remedies available to the person dispossessed.
But, we are
unable to construe Order 21 Rule 99 as placing a bar on
bringing an independent suit for possession, without filing an
application under the said Rule. Such a bar, in our view, does
not arise even by necessary implication. -2015 A.P.(2014)msklawreports

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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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