Search Results for "person executing"

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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...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "person executing"

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High Court

High Court of Karnataka Quashes Executing Court Order in Specific Performance Execution — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. Executing Court Erred in Allowing Execution Against Judgment Debtors Who Were Not Parties to the Original Suit and Were Not Substituted as Legal Representatives of the Original Judgment Debtor.

29 Apr 2025

The petitioners, who are the legal representatives of the original judgment debtor Jinappa Jayapal Khot, filed a writ petition under Articles 226 and ...

Supreme Court

Supreme Court Disagrees with Rajni Tandon on Interpretation of 'Person Executing' under Section 32(a) of Registration Act, 1908. Power-of-Attorney Holder Not Executant; Authentication under Section 33 Required for Agent Presenting under Section 32(c).

26 Jul 2026

The present appeals before the Supreme Court of India arose from a civil suit concerning the validity of an Irrevocable General Power of Attorney date...

High Court

Bombay High Court Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

20 Feb 2014

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...

High Court

High Court of Karnataka Allows Revision Petition in Execution Case — Decree Holder Cannot Seek Possession Through Executing Court Without Proper Identification of Property. Executing Court Erred in Dismissing Objector's Application Under Section 151 CPC for Rejection of Execution Petition Due to Lack of Identity of Property.

31 Jan 2024

The case involves a civil revision petition filed by the objector (petitioner) against an order dated 23.05.2023 passed by the XI Additional City Civi...

High Court

Bombay High Court Dismisses Decree Holders' Challenge to Executing Court's Order Permitting Objector to Lead Evidence in Execution Proceedings. Executing Court Has Discretion to Allow Oral Evidence Under Order 21 Rule 105 CPC When Objector Raises Substantial Questions Regarding Executability of Decree.

10 Apr 2019

The petitioners, decree holders, filed two writ petitions challenging identical orders passed by the Court of Joint Civil Judge, Senior Division, Nagp...

High Court

Bombay High Court Allows Writ Petition for Possession Under Specific Performance Decree — Executing Court Erred in Rejecting Application for Possession After Sale Deed Execution. The Court held that once a sale deed is executed in execution of a decree for specific performance, the decree-holder is entitled to possession under Order 21 Rule 35 CPC, and the Executing Court cannot go behind the decree.

9 Jul 2014

The petitioner, Ramchandra Guja Rewatkar, filed a writ petition challenging an order of the Executing Court that rejected his application for possessi...

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

High Court of Karnataka Allows Writ Petition Challenging Order Dismissing Execution Petition as Not Maintainable. Transferee Court Retains Jurisdiction to Execute Decree Despite Dismissal of Prior Execution Petition Without Certificate Under Section 41 CPC.

16 Jul 2013

The petitioner, Narayansa Patil, was the judgment-debtor in a money decree obtained by the respondent, Om Sai Corporation, in O.S. No.67/2004 before t...

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 Amendment in Execution Application to Correct Property Description. Executing Court Has Power to Allow Amendment Under Section 152 CPC to Align Execution with Decree.

7 Oct 2015

The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession o...

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