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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "person executing"

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Supreme Court

Supreme Court Dismisses Appeal in Execution Proceedings Upholding Auction Sale Despite Procedural Objections. Court affirmed that under Order 21 Rule 90 of Code of Civil Procedure, 1908, setting aside a court sale requires specific pleading and proof of material irregularity or fraud, and mere non-compliance with deposit timelines under Order 21 Rules 84 and 85 does not vitiate sale absent prejudice, especially when property was purchased during suit pendency with injunction.

10 Feb 2024

The dispute originated from a civil suit filed by Smt. Gayatri Agrawal against National Ginni Enterprises for specific performance of an L.P.G. gas ag...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

High Court

High Court of Karnataka Dismisses Writ Petition of Guarantor Challenging Dismissal of Application to Set Aside Sale Under Order XXI Rule 90 CPC. Guarantor Failed to Prove Material Irregularity or Fraud Causing Substantial Injury in Execution Sale.

10 Dec 2019

The petitioner, Smt. K. Gayathri Mallya, was the judgment debtor No.2 and a guarantor for a loan obtained by respondent No.4 (judgment debtor No.1) fr...

Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

High Court

High Court of Karnataka Dismisses Execution Second Appeal as Not Maintainable Against Order Under Order 21 Rule 11 CPC. Order Allowing Execution Petition Under Order 21 Rule 11 CPC Does Not Amount to a Decree and Hence No Second Appeal Lies.

6 Apr 2015

The case pertains to an Execution Second Appeal filed by B. Kashinath Choudhary against an order dated 11.03.2013 passed by the Principal Civil Judge ...

High Court

Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

30 Nov -0001

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

High Court

Bombay High Court Dismisses Second Appeal in Execution Objection Case — Upholds Summary Rejection of Objection Petition Under Order 21 Rule 97 CPC. Executing Court Not Required to Adjudicate Title When Objection is Frivolous and Collusive.

17 Nov 2025

The appellant, Kamal W/o Vishwanath Jadhav, filed a second appeal challenging the judgment and decree dated 11.09.2025 passed by the first appellate C...

High Court

Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

15 Oct 2018

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...

High Court

Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution — Property Alienation Restrained to Safeguard Arbitral Award. The court held that a prima facie case exists for interim relief to prevent alienation of property which is subject matter of execution proceedings.

27 Feb 2026

The applicant, C.J. Charles Rajkumar, proprietor of M/s. Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliatio...

High Court

Karnataka High Court Allows Revision Petition Against Rejection of Obstruction Application in Execution Proceedings — Petitioner's Claim of Share in Decreed Property Requires Inquiry Under Order XXI Rule 97 CPC. The executing court's summary rejection of the obstruction application without proper inquiry was set aside and matter remanded for fresh consideration.

17 Apr 2017

The petitioner, Mrs. Hemalatha Nayak @ Vijaya Laxmi Shenoy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CP...

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