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Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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Division Bench of Bombay High Court Hears Appeals from Single Judge Order Refusing to Set Aside Ex-Parte Decree in Summary Suit. Ex-Parte Decree Passed in Diamond Supply Suit Under Order XXXVII CPC After Defendants Failed to Comply with Conditional Deposit Order.

The dispute arose from a summary suit filed by Sailam BVBA, a Belgian partnership firm, against Helios Jewellery Pvt Ltd (Defendant No.1) and its four...

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Supreme Court Upholds High Court Dismissal of Judgment Debtor's Application to Set Aside Receiver's Sale Under Order 21 Rule 89 CPC. Order 21 Rule 89 Held Not Applicable to Receiver Appointed Under Section 51 CPC as Sale Not Conducted Under Order 21.

In execution of a money decree, the judgment debtor defaulted on payment of agreed instalments. The executing court, invoking Section 51 of the Code o...

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High Court of Karnataka Allows Tenant's Revision Against Eviction Order in Execution Proceedings — Compromise Decree Not Violated as Lease Deed Was Not Part of Decree. Executing Court Cannot Go Beyond Decree Terms; Alleged Violation of Lease Deed Not Enforceable in Execution Under Section 115 CPC.

The petitioner, Smt. R. Sharmila, was a tenant in a property owned by the respondent, B. Devakumar. The respondent filed O.S.No.755/2011 for ejectment...

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Supreme Court Allows Appeal in Tort Conspiracy Suit; Holds High Court Exceeded Jurisdiction in Revision. Release of One Joint Tort-feasor Not Validly Decided by High Court in Revision from Court-Fee Order.

The dispute arose from a suit for damages filed by the plaintiffs, who were members of an association, against the defendants, also members, alleging ...

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High Court of Karnataka Sets Aside Trial Court Order in Final Decree Proceedings for Lack of Jurisdiction — Order on I.A.Nos.15, 16 and 17 in FDP No.2/2008 Quashed for Exceeding Scope of Preliminary Decree and Violating Principles of Natural Justice.

The present writ petition was filed by the petitioners (defendants in the original suit) challenging the order dated 10.06.2022 passed by the learned ...