Search Results for "declaration decree"

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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 "declaration decree"

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High Court

Bombay High Court Dismisses Third Party Application for Leave to Appeal in Property Title Dispute — No Substantial Question of Law Arises. The court held that the applicants, claiming through a subsequent purchaser, failed to demonstrate any prejudice or legal right affected by the decree in favour of the original plaintiff, and the application was barred by limitation.

21 Feb 2023

The judgment pertains to a civil application filed by third parties (Annasaheb and Ramesh Gandhale) seeking leave to appeal against a decree passed by...

High Court

Bombay High Court Examines Maintainability of Objection in Execution Proceedings Regarding Slums Act Permission. The appeal arises from a Single Judge's order remanding the matter to Executing Court to consider the effect of a Competent Authority's order on the requirement of prior permission under Section 22 of Maharashtra Slum Areas Act.

20 Aug 2013

The appeal arose from a judgment of a Single Judge in a writ petition concerning execution of a decree for eviction passed under the Maharashtra Rent ...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

High Court

Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

17 Oct 2024

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

High Court

KAHC010525052012_1

23 Aug 2021

The litigation originated from a suit for partition and declaration filed by the plaintiff, D. Sujatha, against the legal representatives of the origi...

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 ...

High Court

High Court of Karnataka Disposes Regular First Appeal Against Dismissal of Suit for Permanent Injunction and Order for Possession. Dispute centered on legality of employee's occupation of residential premises provided by employer after resignation.

30 Sep 2024

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High Court

High Court of Karnataka Allows Appeal Filed by Defendants Against Decree Setting Aside Earlier Partition Decree on Grounds of Limitation and Failure to Plead Fraud. Suit for Setting Aside Decree on Fraud Allegations Dismissed as Time-Barred Under Article 123 of Limitation Act, 1963, and for Lack of Material Particulars of Fraud.

27 Nov 2019

The appeal arose from a suit for declaration and setting aside a preliminary decree passed in an earlier partition suit. The original suit had been fi...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

High Court

Bombay High Court Allows Condonation of 381 Days' Delay in Filing Appeal Against Divorce Decree — Wife's Ignorance of Ex-Parte Decree Constitutes Sufficient Cause. Delay condoned as wife was unaware of the decree and learned of it only during DV Act proceedings, and no prejudice caused to husband.

15 Jul 2026

The present Civil Application was filed by the applicant-wife seeking condonation of 381 days' delay in filing the Family Court Appeal against the jud...

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