Search Results for "decree holder difficulties"

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Search Results for "decree holder difficulties"

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High Court

Bombay High Court Dismisses Judgment Debtor's Petition Challenging Execution Orders in Eviction Decree — Decree Holders Entitled to Possession After 15 Years of Litigation Up to Supreme Court.

5 Dec 2018

The case involves a dispute over execution of a decree for possession of an open piece of land admeasuring 1280 square feet out of Nazul Plot No. 9 in...

Supreme Court

Supreme Court Allows Decree Holder's Appeal in Execution of Foreign Money Decree Under Section 44A CPC. High Court of Delhi Held to Have Jurisdiction as Principal Civil Court of Original Jurisdiction When Decretal Amount Exceeds Pecuniary Limits Under Section 5(2) of Delhi High Court Act, 1966.

28 Jan 2022

The dispute arose from the execution of a money decree dated 7th February 2006, passed by the High Court of Justice, Queen’s Bench Division, Commerc...

High Court

Bombay High Court Dismisses Developer and Purchaser's Appeals in Execution of Consumer Court Decree for Possession — Decree Not Conditional; Failure to Intimate Charges Prevents Default. Developer's Obligation to Inform Decree-Holder About MSEB Charges Within Fifteen Days Was Condition Precedent, and Non-Performance Meant Decree-Holder's Obligation to Pay Never Arose Under Code of Civil Procedure, 1908 Section 47.

7 Feb 2020

This case involved the execution of a Consumer Court decree for possession of an immovable property. The decree-holder, a lady government servant, had...

Supreme Court

Supreme Court Allows Appeal in Partition Execution Dispute — Preliminary Decree Held Executable Despite Pendency of Final Decree Proceedings. The Court restored execution proceedings under Order 20 Rule 18 CPC, emphasizing that a preliminary decree in a partition suit is executable even before the final decree is passed.

1 Jan 2026

The appellant, Jennifer Messias, and her husband Peter Messias purchased a flat in Jabalpur in 1991. They were judicially separated in 2003, confirmed...

High Court

Bombay High Court Allows Decree Holder's Petition in Eviction Decree Execution — Division Bench of Small Causes Court Exceeded Revisional Jurisdiction by Remanding Matter for Proposal to Remove Structure. The decree had attained finality up to the Supreme Court, and the executing court's order directing restoration of vacant possession was proper; the revisional court's interference was unwarranted.

10 Oct 2017

The petitioner, Mrs. Vranda G. Pai, is the decree holder in an eviction decree dated 2nd December 2006, which had attained finality up to the Supreme ...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

Supreme Court

Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

12 May 2023

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...

High Court

Madras High Court Dismisses Revision Petition Against Execution of Consent Decree in Money Suit. Compromise Decree Without Specified Amount Held Executable as Joint Memo Contained Mechanism for Determining Amount Due.

30 Jan 2026

The revision petitioners, legal representatives of the deceased defendant S.K.Krishnan, challenged the order of the executing court in E.P.No.3975 of ...

High Court

Bombay High Court Allows Writ Petition Challenging Eviction Order Under Public Premises Act — Petitioner's Title and Possession Established Through Registered Sale Deeds and Mutation Entries. The Court Held That the Estate Officer Cannot Summarily Evict a Person Claiming Lawful Title Without Proper Adjudication Under Section 5-A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

1 Mar 2018

The petitioner, Shri Prashant Vinodkumar Bansal, filed a Writ Petition under Article 227 of the Constitution of India challenging the judgment and ord...

High Court

Bombay High Court Allows Possession Warrant in Execution Proceedings Despite Pending Appeal — Execution Court Cannot Reopen Decree on Merits Under Order 21 Rule 97 CPC. The court held that the execution court must execute the decree as it stands and cannot go behind it, and that objections regarding fraud or tenancy rights are not maintainable in execution proceedings under Order 21 Rule 97 of the Code of Civil Procedure, 1908.

4 Mar 2019

The petitioner, Abdul Shahid Patel, purchased immovable property by registered sale deed dated 08.11.1995. The respondent, Smt. Rameshwaridevi Sharma,...

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