Search Results for "declaration decree"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "declaration decree"

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Supreme Court

Supreme Court Dismisses State Appeal in Court Fee Matter — Declaration Suit Not Attracting Ad Valorem Fee Under Section 7(iv-A) U.P. Amendment. Decree for Mere Declaration of Title Is Not a 'Decree for Money or Other Property' and a Decree Ad Invitum Is Not an 'Instrument Securing Money or Other Property' Under the Court Fees Act, 1870, as Amended by U.P. Legislature.

26 Sep 1969

The dispute originated from a property inheritance matter. One Radhey Lal had filed Suit No. 4 of 1950 in the court of the Civil Judge, Jaunpur, claim...

High Court

Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

20 Apr 2026

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

High Court

Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

25 Jan 2022

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Negative Declaration of Marriage. The court held that a suit seeking declaration that no marriage was solemnized is maintainable under Section 9 CPC and Section 34 Specific Relief Act, 1963, as it pertains to legal character and status.

6 Mar 2025

The case involves a civil revision application filed by the defendant (applicant) against an order of the Civil Judge rejecting the defendant's applic...

High Court

Bombay High Court Dismisses Petition Challenging Restoration of Possession to Judgment-Debtor in Execution Dispute. Decree Holder Cannot Take Possession Without Execution Proceedings Under Order 21 CPC; Appellate Court Has Inherent Power Under Section 151 CPC to Restore Status Quo Ante.

28 Nov 2025

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

High Court

Bombay High Court Dismisses Judgment Debtors' Petition Challenging Execution of Decree — Decree Attained Finality Up to Supreme Court. Appointment of Court Commissioner for Measurement and Possession Upheld as Executing Court Cannot Go Behind Decree.

18 Dec 2023

The petitioners, who are judgment debtors, challenged a common order dated 15.09.2023 passed by the learned Joint Civil Judge Junior Division, Kannad,...

High Court

Bombay High Court Dismisses Judgment Debtor's Application to Set Aside Consent Decree in Commercial Execution — Consent Decree Not a Nullity Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That Undertakings Given to Court Cannot Be Unilaterally Withdrawn and Execution Proceedings Are Continuation of Suit.

13 Jul 2018

The case involves a Chamber Summons filed by the original Judgment Debtor No.2 (Firoz A Nadiadwala) and his proprietary firm Base Industries Group see...

High Court

Bombay High Court Dismisses Revision Against Civil Detention Order in Execution Proceedings — Wilful Disobedience of Decree for Possession Justifies Detention Under Order 21 Rule 32 CPC. The executing court's order directing one month civil detention of judgment debtors for disobeying a decree for possession was upheld as no illegality or material irregularity was found.

3 Aug 2011

The case arises from a civil revision application filed by the original defendants (judgment debtors) against an order of the executing court directin...

High Court

Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

20 Dec 2018

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

High Court

Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

29 Oct 2013

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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