Search Results for "Civil Procedure Code, 1908"

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High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Execute Decree Despite Judgment Debtor's Death. Order 22 Rule 12 CPC Provides That Execution Proceedings Do Not Abate by Reason of Death of Judgment Debtor.

The petitioner, Ashrafali, was the decree holder in O.S.No.38/2014 for specific performance of contract. The trial Court decreed the suit directing th...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

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High Court Quashes Lok Adalat Award Filed by Non-Guardian of Minor, Remands Claim Petition. Absence of Proper Representation of Minor Vitiated Compromise, and Compensation Was Not Determined as Per Law.

A minor child and her paternal grandmother (as next friend) approached the High Court under Articles 226 and 227 of the Constitution and Section 173(1...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for partition and separate possession of ancestral property dismissed as barred by limitation and adverse possession established by defendants.

The appellant, Rajkumar Chaganlal Shah, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree ...