Search Results for "decree holder"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "decree holder"

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High Court

High Court of Bombay Adjudicates Writ Petition Filed by Corporate Entity Against Multiple Respondents Including CIDCO and Private Individuals. Petition Pertains to Dispute Over Land or Property Rights Under Jurisdiction of Chief Land and Survey Officer.

17 Apr 2025

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High Court

Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

10 May 2024

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

High Court

Bombay High Court Dismisses Judgment Debtors' Challenge to Execution of Decree for Specific Performance — Time Extension for Deposit of Balance Consideration Upheld. Executing Court's Discretion to Extend Time Under Section 28 of Specific Relief Act, 1963 is Not Barred by Limitation if Decree is Alive and Enforceable.

12 Sep 2023

The case arises from a decree for specific performance of an agreement for sale dated 20th February 1989 in respect of agricultural land. The original...

High Court

High Court of Karnataka Dismisses Revision Petition in Partition Suit — Upholds Trial Court Order Refusing to Reopen Evidence. Court holds that Order 18 Rule 17 CPC cannot be used to fill gaps in evidence or to allow a party to adduce additional evidence after closure of evidence.

24 Feb 2020

The petitioners, who are defendants in a partition suit, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challe...

Supreme Court

Supreme Court Upholds Decree Holder's Possession Despite Irregular Police Assistance in Execution — Judgment Debtor with No Subsisting Right Cannot Claim Restoration. The Court declined to restore possession to a judgment debtor who had no right, title or interest in the suit property, even though the delivery of possession was effected with police assistance without prior court order under Order 21 CPC.

9 Aug 2019

The case involves a dispute over possession of suit lands between Om Parkash (decree holder) and Amar Singh (judgment debtor). The decree holder purch...

Supreme Court

Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

7 May 2019

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

20 Feb 2019

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

20 Feb 2019

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

High Court

Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

1 Mar 2017

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

High Court

Bombay High Court Allows Amendment in Execution Application to Correct Property Description. Executing Court Has Power to Allow Amendment Under Section 152 CPC to Align Execution with Decree.

7 Oct 2015

The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession o...

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