Search Results for "setting aside exparte decree"

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Search Results for "setting aside exparte decree"

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High Court

Bombay High Court Allows Father to Prosecute Appeal in Matrimonial Dispute After Appellant Husband's Death — Right to Sue Not Abated Under Hindu Marriage Act. The Court held that the right to sue survives to legal representatives in matrimonial appeals, relying on Smt. Yallawwa v. Smt. Shuntavva, AIR 1997 SC 35, and permitted substitution of the father.

5 Oct 2011

This is an application filed by the father of the original appellant (husband) seeking permission to prosecute the appeal and to be brought on record ...

High Court

Bombay High Court Dismisses Appeal by Official Liquidator Against Summary Decree for Non-Filing of Written Statement. Failure to Raise Defence Despite Leave to Defend Granted Under Order 37 CPC Leads to Dismissal of Appeal.

24 Sep 2013

The respondent, Prabha P. Shenai, instituted a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against M/s. Crown Maritime Comp...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree granting 1/5th share to plaintiff in joint family property, rejecting appellant's claim of ouster and adverse possession.

13 Jul 2016

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 10.11.20...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Order IX Rule 9 CPC Bar Not Applicable When Earlier Suit Dismissed for Default Without Adjudication on Merits.

17 Nov 2022

The case involves a Civil Revision Application filed by the original defendant, Chandrakant Bhaurao Waghmare, challenging an order dated 29.04.2019 pa...

High Court

High Court of Karnataka Allows Regular Second Appeal in Property Dispute — Suit for Declaration and Injunction Dismissed Due to Failure to Prove Title and Possession. Court holds that plaintiffs must establish title and possession independently, and that a co-owner in exclusive possession of a portion cannot be dispossessed without due process of law.

25 Sep 2025

The appellants, who were the plaintiffs in the original suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, ag...

High Court

Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

20 Dec 2019

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

High Court

High Court of Judicature at Bombay Adjudicates Petition Seeking Removal of Executors for Alleged Misconduct and Conflict of Interest in Administration of Estate. Court Hears Submissions on Allegations of Illegal Occupation and Misappropriation of Bequeathed Property.

11 Oct 2013

Background: The dispute arose from the administration of the estate of Ramanlal Gokal, who died on 22nd March 2007 leaving a will dated 25th January 2...

High Court

Madras High Court Second Appeal: Principles of Pleading in Will Disputes. Lower Appellate Court's Finding on Suspicious Circumstances Without Pleadings Held Impermissible.

17 Apr 2026

The second appeal arose from a partition suit where the plaintiff claimed 4/5th share in the suit property based on a Will (Ex.A2) executed by Kamalat...

High Court

Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

22 Apr 2026

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Freight and Demurrage Claim Based on Written Agreement. Defendant No.1's Liability Under Agreement Dated 18 July 2012 Confirmed as Unconditional Promise to Pay.

2 Apr 2014

The plaintiff, SJJ Marine Pte Ltd., filed a summary suit against the defendants, Pisces Exim (India) Pvt. Ltd. (defendant No.1) and another, for recov...

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