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Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

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High Court of Karnataka Quashes Executing Court's Orders on Stamp Duty Calculation for Arbitration Award Execution. Stamp duty on award under Article 11(b) of Karnataka Stamp Act, 1957 is payable on principal amount only, not on interest and costs.

The petitioner, Shriram City Union Finance Ltd., a finance company, had initiated arbitration proceedings against the respondents for recovery of an o...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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High Court of Karnataka Dismisses Appeals Against Execution Court Order in Property Dispute — Upholds Dismissal of Application to Set Aside Auction Sale for Lack of Material Irregularity. Execution Court's Refusal to Set Aside Sale Under Order XXI Rule 90 CPC Upheld as No Substantial Injury Was Proved.

The case involves two Regular First Appeals (RFA No. 100051/2021 and RFA No. 100140/2021) filed before the High Court of Karnataka, Dharwad Bench, aga...

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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...