Search Results for "Consent decree"

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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...

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Bombay High Court Dismisses Judgment Debtors' Petition Challenging Execution of Decree — Decree Attained Finality Up to Supreme Court. Appointment of Court Commissioner for Measurement and Possession Upheld as Executing Court Cannot Go Behind Decree.

The petitioners, who are judgment debtors, challenged a common order dated 15.09.2023 passed by the learned Joint Civil Judge Junior Division, Kannad,...

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Bombay High Court Dismisses Writ Petition Challenging Appointment of Court Commissioner in Execution of Partition Decree. Executing Court's Order to Appoint Commissioner to Propose Mode of Execution Upheld as Not Final and Subject to Objections.

The petitioner, Pramod Dattatraya Kand, the judgment debtor, challenged an order dated 07.09.2019 passed by the Executing Court in Final Decree Applic...

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Bombay High Court (Aurangabad Bench) Hears Appeal Against Remand Order Allowing Third Party Challenge to Consent Decree. The Court Examines Whether Section 96(3) of the Code of Civil Procedure, 1908 Bars an Appeal by Strangers to a Consent Decree, and Whether Allegations of Fraud Vitiate the Decree.

The appellant, Vilas Trimbak Sanap, filed a partition suit (RCS No. 499/2014) against his father and brothers (respondent Nos. 4–6) claiming a 1/4th...