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Bombay High Court Allows Revision Against Rejection of Obstruction Application in Execution Proceedings — Emphasizes Mandatory Inquiry Under Order 21 Rule 97 CPC. Third Party Claimants Entitled to Full Inquiry Before Executing Court When They Assert Possession and Interest in Decree Property.

The case involves a civil revision application filed by Indubai D. Kothawale and others (the applicants) challenging an order dated 16 October 2023 pa...

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Supreme Court Allows Auction Purchaser's Appeal in Execution Sale Dispute — High Court Erred in Invalidating Court Auction Without Setting Aside Decree. Court Auction Sale Confirmed Under Order 21 Rule 92 CPC Cannot Be Invalidated Collaterally in Absence of Fraud or Material Irregularity.

The case arises from a civil suit filed by decree holder) against judgment debtor) for recovery of ₹3,75,000 with interest. The suit was decreed ex ...

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Bombay High Court Upholds Executing Court's Rejection of Time-Barred Application to Set Aside Auction Sale Under Order 21 Rule 89 CPC. Application Filed 63 Days After Sale Found Barred by Limitation, Secured Creditor's Prior Charge on Property Upheld for Distribution of Sale Proceeds.

The petitioner, a borrower, had availed a housing loan from respondent No.1 finance company and mortgaged the purchased flat. Upon default, the lender...

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Bombay High Court Dismisses Petition Challenging Auction Sale Orders in Arbitration Execution Proceedings — No Jurisdictional Error Found in Orders for Proclamation of Sale and Approval of Draft Proclamation Under Order 21 Rule 66 CPC.

The petitioners, Mahesh Rambhau Patil and others, filed a writ petition under Article 227 of the Constitution of India challenging two orders passed b...

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Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution. Court Restrains Respondents from Alienating Property Subject to Execution Petition to Prevent Frustration of Arbitral Decree.

The applicant, C.J. Charles Rajkumar, proprietor of M/s Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliation...

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Bombay High Court Examines Revision Applications Against Rejection of Discharge in Murder Case: Sufficiency of Prima Facie Material at Stage of Discharge Questioned

The case arose from the brutal murder of Sunil Kumar Lahoria, proprietor of M/s. S.K. Builders and Developers, at Vashi, Navi Mumbai, on 16th February...

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Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...

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High Court of Karnataka Dismisses Revision Petition in Property Suit — Order 2 Rule 2 CPC Bar Not Applicable. Petitioner's claim of res judicata based on earlier execution proceedings fails as the suit is for different relief.

The petitioner, P.M. Gopi, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) against an order dated 5.9.2013 pass...