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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 "person executing"

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High Court

High Court Dismisses Second Appeal by Pendente Lite Purchasers in Partition Suit Execution — Objections Under Order XXI Rule 97 Barred Due to Lis Pendens. Consent Decree in Appellate Court Not Proved Collusive; Rigors of Section 52 Transfer of Property Act Apply.

2 May 2025

The present second appeal arose from execution proceedings in a partition suit that commenced in 1974. The original plaintiff Shankarrao Kanakdande ha...

Supreme Court

Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

1 Jan 2020

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

Tribunals

National Consumer Disputes Redressal Commission Allows Appeal Against State Commission Order in Consumer Execution Proceedings — Compliance of Decree for Possession or Refund with Interest. The court set aside the impugned order and remanded the execution applications for fresh adjudication, keeping all contentions open.

7 Aug 2025

The case involves an appeal by Kishore Bhardwaj, the complainant/decree holder, against a common order dated 11.09.2024 passed by the State Consumer D...

High Court

High Court of Karnataka Allows Petition in Part Regarding Stamp Duty on Arbitral Award in Execution Proceedings — Directs Payment of Proper Stamp Duty and Penalty Under Karnataka Stamp Act, 1957. The court held that stamp duty on an arbitral award is payable at the rate applicable on the date of the award, not the date of execution petition, and the decree-holder is liable to pay the same.

28 Jul 2023

The case involves two writ petitions arising from execution proceedings in Com.Ex.Pet.No.224/2021 before the LXXXVII Addl. City Civil and Sessions Jud...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 21st March 1989 held not proved as the attesting witness failed to establish due execution and the propounder failed to dispel suspicious circumstances surrounding the Will.

13 Feb 2020

The suit was a challenge to a Will dated 21st March 1989 purportedly executed by late Tarapada Chatterjee, who died on 24th August 1990. The plaintiff...

High Court

Karnataka High Court Allows Second Appeal in Execution Dispute Over Attached Property — Sale Agreement Prior to Attachment Confers Right to Resist Execution Under Order XXI Rules 58 and 97 CPC. The Court held that attachment before judgment does not create any right or title, and a prior sale agreement coupled with possession gives the purchaser a right to object to execution.

13 Apr 2015

The appellant, S.K. Gangadhara, entered into a registered sale agreement on 01.07.2004 for the purchase of a house property from Sri B.M. Krishna. The...

High Court

Bombay High Court Allows Writ Petition Against Dismissal of Execution Objection — Lower Appellate Court Failed to Consider Merits of Objection Under Order 21 Rule 97 CPC. The court held that the appellate court must consider the substance of the objection regarding tenancy rights and joint possession, not dismiss it on technical grounds.

23 Nov 2010

The petitioners, Shripati Ganpati Jadhav and others, filed a writ petition before the Bombay High Court challenging the order of the District Judge, P...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Misc. Petition for Setting Aside Execution Dismissal — Liberal Approach to Limitation in Execution Proceedings. Delay in Filing Petition Under Order 21 Rule 106 CPC Condoned Due to Sufficient Cause Shown by Decree Holder.

11 Mar 2025

The appellant, Smt. Susheelamma (since deceased, represented by her legal representative Smt. Amathulurvah @ Mamatha M), was the plaintiff in O.S.No.6...

High Court

High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

22 Jul 2024

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

High Court

Madras High Court Allows Revision Petition, Sets Aside Execution of MSME Award Due to Approved Resolution Plan Under IBC. Claims Not Submitted During CIRP Stand Extinguished Under Section 31 of Insolvency and Bankruptcy Code, 2016.

27 Feb 2026

The case involves a civil revision petition filed by M/s. Capricon Food Products Indian Limited (the revision petitioner/judgment debtor) against M/s....

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