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Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order.

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the...

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Bombay High Court Upholds Wakf Tribunal Decree for Possession of Service Inam Lands. Lease of Wakf Property Without Board's Permission Held Void Under Section 56 of Wakf Act, 1995.

The case involves a dispute over two agricultural lands bearing Survey Nos. 17 and 18 situated at Dharur, District Beed. The plaintiffs, claiming to b...

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Bombay High Court Allows Revision Against Execution Proceedings in Mortgage Suit — Decree Holder's Assignee Need Not Prove Legal Heirship Under Order 21 Rule 16 CPC. The Court Held That the Executing Court Cannot Go Behind the Decree to Examine the Validity of Assignment.

The present Civil Revision Application arises from execution proceedings in a mortgage suit. The original decree holder, Kalubai, obtained a decree an...

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Bombay High Court Dismisses Contempt Petition in Property Development Dispute. Construction as per Modified Sanctioned Plan Does Not Violate Consent Terms.

The case arises from a consent decree in Writ Petition No. 1359 of 1991, where the petitioner (buyer) and respondent No.1 (developer) entered into con...