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High Court of Bombay at Nagpur Upholds Family Court Order Allowing Reopening of Evidence in Nullity of Marriage Petition — Order XVIII Rule 17 CPC Permits Recall/Re-examination at Any Stage Before Judgment to Prevent Failure of Justice.

The petitioner-husband filed a petition under Sections 11 and 12 of the Hindu Marriage Act, 1955, seeking a decree of nullity of marriage against the ...

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Supreme Court Upholds Setting Aside of Compromise Decree in Partition Suit Due to Fraud and Forged Signatures. Compromise Decree Based on Forged Signatures of Defendant No.5 is a Nullity and Can Be Challenged Beyond Limitation Under Order 23 Rule 3 CPC.

The case arises from a partition suit filed by Dinbandhu Ojha (original plaintiff) seeking 1/4th share in the property of common ancestor Thakur Ojha....

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High Court of Karnataka Quashes Compromise Decree in Title Suit Due to Fraud and Fabrication — Lok Adalat Decree Set Aside as Collusive and Without Proper Verification. Compromise Decree Obtained by Fraud is a Nullity and Can Be Challenged Under Article 227 of the Constitution of India.

The petitioner, Smt. Padmavati, originally filed a writ petition challenging a compromise decree dated 27.09.2010 passed in O.S. No.243 of 2010 on the...

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High Court of Karnataka Quashes Order in Partition Suit Execution Proceedings for Non-Compliance with Order XX Rule 18 CPC. Decree Not Drawn in Terms of Compromise, Execution Petition Held Not Maintainable.

The petitioners, who were plaintiffs in a partition suit (O.S.No.114/1990), filed a writ petition under Articles 226 and 227 of the Constitution of In...

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Bombay High Court Dismisses Revision Against Executing Court's Order in Partition Execution — No Jurisdictional Error Found. Executing Court Cannot Go Behind Decree and Objections Under Order 21 Rule 90 CPC Must Be Raised Before Sale Confirmation.

The case arises from a partition suit (Partition Suit No.945 of 1968) filed by the heirs of Bachhusingh, who died intestate on 24-11-1964, concerning ...

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Bombay High Court Dismisses Appeal Against Order of Temporary Injunction in Suit for Declaration of Ownership and Possession. Held That Plaintiffs Have Prima Facie Case and Balance of Convenience Favors Grant of Injunction Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order passed by the Civil Judge, Senior Division, Panaji, granting a temporary injunction in favour of the responden...