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Bombay High Court Dismisses Petition Challenging Rejection of Rescission Application in Execution Proceedings for Specific Performance Decree. Legal representatives of judgment debtor failed to demonstrate grounds for rescission of agreement of sale under Order 21 Rule 35 of CPC, 1908.

The petitioners, legal representatives of late Daulatrao Nitnaware, filed a writ petition challenging an order dated 25.11.2025 passed by the learned ...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

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Supreme Court Allows Decree-Holder to Enforce Higher Interest Compromise Made in Execution Proceedings. Compromise Amounting to Adjustment of Decree, Recorded Under Order 21 Rule 2 CPC, and Found Fair Held Enforceable.

The dispute arose from a decree passed on compromise on March 24, 1953, directing the respondent to pay Rs.22,500 with 6% interest. After the responde...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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High Court Hears Regular First Appeals Against Dismissal of Suits on Admissions Under Order XII Rule 6 CPC in Family Partition Dispute. Appeals Arise from Dispute Over Family Arrangement Documents and Partition of Ancestral Agricultural Lands.

The High Court of Karnataka at Bengaluru delivered a common judgment in two regular first appeals filed by the same appellant, M.R. Raghuram, against ...

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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.

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