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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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Bombay High Court Quashes Attachment and Sale of Residential Bungalow in Income Tax Recovery Proceedings. Order Beyond Limitation Period Under Rule 68B(3) of Second Schedule and Non-Compliance with Proclamation Requirements Render Sale Invalid.

The case involved a writ petition under Article 226 of the Constitution of India challenging the attachment and proposed sale of a residential bungalo...

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High Court of Karnataka Hears Appeals Against Ejectment Decrees Filed by Tenants — Considers Whether Suits by Auction Purchaser Are Barred by Limitation and Maintainable. Examines Applicability of Limitation Act and Tenancy Principles to Auction Purchaser’s Claim for Possession.

The High Court of Karnataka heard three regular first appeals (RFA Nos. 1926/2013, 1924/2013, and 1925/2013) filed by tenants against decrees of eject...

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High Court of Karnataka Quashes State Order Removing Lands from Mining Lease in Mineral Auction Dispute. Transfer of Mining Lease Valid Under Rule 22(6) of MCR 1960, State Cannot Unilaterally Excise Lease Area for Auction Without Following Due Process.

The petitioner, M/s. J.K. Cement Limited, held a mining lease (ML No. 2344A) over certain lands in Metagudda Village, Mudhol Taluk, Bagalkot District,...

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Supreme Court Allows Appeal of Tenant Purchaser in Deity Land Sale Dispute. Upholds Sale to Tenant Despite Higher Offer from Intervenors, Holding That Registered Sale Deeds Cannot Be Ignored and Tenancy Status Was Not Challenged.

The case involves a dispute over the sale of land belonging to the deity Sri Rama Laxman Sita Swamy Bije, managed by a fit person. The fit person soug...

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Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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High Court of Karnataka Quashes Sub-Registrar's Endorsement Rejecting Sale Certificate as Time-Barred Under Section 89 of Registration Act, 1908. Petitioner Purchased Property in SARFAESI Auction, Bank Forwarded Certificate Late but Court Held No Limitation for Registration Under Section 89(4).

The petitioner, M/s. MGM Pooja Buildtech Private Limited, purchased a property (Plot No.108, Metagali, K.R.S. Road, Mysore, measuring 4,056 sq. meters...