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Bombay High Court Modifies Execution Order to Conform to Decree in Possession Suit — Decree-Holder Concedes Error in Plot Dimensions. Executing Court Cannot Enlarge Decree Area Beyond 27m x 13m as Per Original Decree.

The petitioner, Mr. Pradeep Virginkar, filed a Writ Petition before the Bombay High Court at Goa challenging an order dated 29th June 2004 passed by t...

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Bombay High Court Dismisses Judgment-Debtor's Challenge to Eviction Decree Execution in Slum Area Case. Execution of Pre-Existing Decree Does Not Require Permission Under Maharashtra Slum Areas Act, 1971 as Decree Was Passed Before Slum Notification.

The petitioner, Manohar Bhadade, was the judgment-debtor in a decree for eviction and possession passed in Regular Civil Suit No.42 of 2003 by the 2nd...

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High Court of Judicature at Bombay Examines Challenge to Order Setting Aside Ex-Parte Decree in Rent Suit. Issue Concerning Classification of Decree Under Order 9 Rule 6 or Order 8 Rule 5 CPC Remains Unresolved in Incomplete Judgment.

The writ petition under Article 227 of the Constitution challenged an order of the Small Causes Court, Bombay, which had set aside an ex-parte decree ...

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Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

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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.

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

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Bombay High Court Dismisses Judgment Debtor's Challenge to Executing Court's Order Allowing Deposit of Balance Consideration in Specific Performance Suit. The court held that the Executing Court has power to permit deposit beyond the decree's time limit when delay is unintentional and no stay is granted.

The petitioner, Ruprao Nagorao Zade, was the judgment debtor in a suit for specific performance of an agreement to sell agricultural land. The suit wa...