Search Results for "mortgagor"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "mortgagor"

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High Court

Bombay High Court hears Writ Petition filed by Prime Downtown Estates Pvt Ltd. against Omkara Assets Reconstruction Company Pvt. Ltd. and others concerning SARFAESI Act, 2002. The petition challenges enforcement of security interest by asset reconstruction companies.

7 Apr 2025

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Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Suit, Reinstating Decree for Redemption. Purchaser from Mortgagor Held Necessary Party in Foreclosure Suit Under Order XXXIV Rule 1 CPC, and Right to Redeem Not Extinguished by Decree Against Original Mortgagors Under Section 60 of Transfer of Property Act, 1882.

17 Aug 2021

The dispute arose from a mortgage redemption suit involving land mortgaged in 1954. The plaintiff purchased the mortgaged land via registered sale dee...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Case: Mirashi Tenant's Right of Redemption Extinguished After Land Resumed to Government and Regranted to Mortgagee Under Abolition Act. The Court held that the mortgagee's regrant was independent and not for the benefit of the mortgagor, and the mortgagor's failure to seek regrant extinguished his right of redemption.

17 Apr 2020

The case involves a dispute over the right of redemption of a mortgage concerning watan land. The suit land was originally a Paragana watan property g...

High Court

High Court of Karnataka Quashes Stamp Duty Demand on Development Agreement — Karnataka Appellate Tribunal's Order Set Aside for Lack of Proper Consideration of Evidence and Non-Application of Mind to the Definition of 'Conveyance' Under the Karnataka Stamp Act, 1957.

5 Aug 2019

The petitioners, M/s. Motwani Builders and M/s. B. Alim Builders, filed writ petitions under Articles 226 and 227 of the Constitution of India challen...

High Court

High Court of Karnataka Allows Second Appeal in Mortgage Redemption Suit — Appellant Entitled to Redemption Despite Delay. Court holds that a mortgagor's right to redeem continues until foreclosure or sale, and mere delay does not extinguish the right unless there is a decree for foreclosure.

27 Apr 2018

The present appeal arises from a suit for redemption of mortgage filed by the appellant (plaintiff No.2) along with respondent No.2 (plaintiff No.1) a...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order in SARFAESI Act Matter with Heavy Costs. Petitioners' attempt to redeem mortgaged property for a fraction of the outstanding debt held to be an abuse of process.

10 Aug 2015

The petitioners, Mr. Dipak Digambar Naik and others, filed a writ petition in the Bombay High Court challenging an order dated 12th March 2015 passed ...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Suit for partition and separate possession of joint family properties held not barred by limitation as possession of co-owner is possession on behalf of all co-owners under Hindu law.

18 Mar 2015

This is a first defendant's appeal against the judgment and decree dated 09.04.2010 passed in R.A. No.255/2002 on the file of the Presiding Officer, F...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Court holds that suit for partition is not barred by limitation as long as the plaintiff remains in joint possession and that a co-parcener can seek partition of joint family property even after a preliminary decree.

18 Mar 2015

This is a first defendant's second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.04.2010 pas...

Supreme Court

Supreme Court Upholds Transaction as Mortgage and Denies Rendition of Accounts in Transfer of Property Act Case. Arrangement with Debt and Security for Repayment Classified as Mortgage Under Section 58, and Receipts in Lieu of Interest Contract Exempts Mortgagee from Liability to Account Under Section 77.

23 May 1958

The dispute arose from a document executed by the original owner (mortgagor) hypothecating an eight annas share in a village to secure a debt of Rs. 2...

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