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High Court of Karnataka Considers Second Appeal Against Decree Granting Declaration and Possession; Operative Part Missing. The appeal challenges the first appellate court's reversal of the trial court's dismissal, but the judgment's conclusion is not provided.

The dispute involves a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellants (original defendants) bef...

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High Court of Karnataka Dismisses Civil Revision Petition for Abatement Due to Failure to Implead Legal Representatives of Deceased Respondent. Delay of 5637 days in seeking substitution not condoned as no sufficient cause shown, resulting in abatement of appeal against deceased respondent.

The petitioner, Sri K.K. Monnappa, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated ...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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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.

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

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Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Hears Chamber Summons for Leave to Execute UK Judgment for Costs Against Judgment Debtor. Applicability of Section 44A CPC and Mandatory Notice Requirement under Order XXI Rule 22 CPC Considered.

The matter arose from a Chamber Summons in execution proceedings before the Bombay High Court, seeking leave to execute a foreign judgment and costs c...