Search Results for "setting aside exparte decree"

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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Decree Restored. Appellate Court Exceeded Remand Powers Under Order 41 Rule 23-A CPC by Reversing Findings Without Proper Justification.

The case arises from a suit for specific performance of an agreement of sale filed by the original plaintiff, Mohd. Sardar, against the defendant, Raf...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC.

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respon...

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High Court of Bombay at Goa Allows Second Appeal in Eviction Case Due to Violation of Order 41 Rule 17 CPC — First Appellate Court Dismissed Appeal on Merits in Appellant's Absence, Which Is Not Permissible Under the Code of Civil Procedure, 1908.

The appellant, Smt. Nayan alias Chandrakala Chandrakant Borkar, filed a Second Appeal before the High Court of Bombay at Goa challenging the judgment ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement — Delay of 4 Years Not Condoned as No Sufficient Cause Shown. Trial Court's Order Upheld as Neither Illegal Nor Perverse Under Order 8 Rule 1 CPC.

The petitioners, original defendants in Regular Civil Suit No.1118/1998 pending before the 3rd Joint Civil Judge, Junior Division, Aurangabad, challen...

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Bombay High Court Dismisses Second Appeal Challenging Ceiling Proceedings: Collusive Partition Decree Not Binding on State. Findings of Maharashtra Agricultural Lands Ceiling Authorities, Confirmed by Supreme Court, Held Binding on Plaintiff Despite Alleged Family Arrangement.

Background: The litigation originated from a dispute over agricultural land declared surplus under the Maharashtra Agricultural Lands (Ceiling on Hold...