Search Results for "Execution Proceedings"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "Execution Proceedings"

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High Court

Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

25 Jan 2022

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

High Court

Bombay High Court Allows Execution of Consent Decree Without Notice to Non-Signatory Defendants Under Order XXI Rule 22(2) CPC. Court held that notice under Order XXI Rule 22 CPC can be dispensed with when judgment-debtors had notice of the consent decree and failed to comply with reciprocal obligations.

12 Apr 2013

The plaintiff, Ashford Developers Pvt. Ltd., filed a Chamber Summons in Execution Application seeking directions to the Prothonotary to take on file a...

High Court

Bombay High Court Allows Decree Holder's Execution Petition and Dismisses Judgment Debtor's Challenge in Property Execution Dispute — Court Holds That Execution Proceedings Are Not Barred by Limitation When Decree Is Put into Execution Within 12 Years of Final Decree Under Article 136 of Limitation Act, 1963.

28 Mar 2019

The case involves two writ petitions arising out of execution proceedings. The decree holder, Dr. (Smt.) Jayashree Avinash Banait, obtained a decree a...

High Court

Bombay High Court Considers Writ Petitions and Civil Revision Application Challenging Execution of Decree for Specific Performance; Executing Court Had Directed Sale Deed Execution. The dispute arose from a decree in First Appeal No. 790 of 1991 requiring deposit of consideration and execution of sale deed of about 18.07 acres land at Mouza Dhaba, Nagpur.

6 Jan 2011

The matter comprised three connected proceedings—Writ Petition Nos. 113 and 1691 of 2010, and Civil Revision Application No. 76 of 2009—filed befo...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

8 Jul 2025

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

High Court

Bombay High Court Disposes of 12 First Appeals Against Dismissal of Obstructionist Applications in Execution of Specific Performance Decree. The Decree Holder Sought Execution of Decree for Possession of 27 Shops, and Obstructionists Who Claimed Independent Right Were Held to be Transferees Pendente Lite Bound by Decree.

14 Feb 2017

The respondent, a decree holder, had filed Special Civil Suit No.224 of 1992 for specific performance of a contract dated 11 May 1987 for the purchase...

High Court

High Court of Karnataka Allows Writ Petition Challenging Order Dismissing Execution Petition as Not Maintainable. Transferee Court Retains Jurisdiction to Execute Decree Despite Dismissal of Prior Execution Petition Without Certificate Under Section 41 CPC.

16 Jul 2013

The petitioner, Narayansa Patil, was the judgment-debtor in a money decree obtained by the respondent, Om Sai Corporation, in O.S. No.67/2004 before t...

High Court

Bombay High Court Grants Probate of Will and Codicil in Favor of Executors Despite Caveat by Son — Execution and Attestation Proved Under Section 63 of Indian Succession Act, 1925. The court held that the Will and Codicil were duly executed and attested, and the caveator's allegations of undue influence and lack of testamentary capacity were not substantiated.

11 Jun 2014

The plaintiffs, being three of the executors named in the last Will and Testament dated 16th June, 1999 and a Codicil dated 23rd July, 2001 of Sorabji...

High Court

High Court of Bombay Quashes Restoration of Execution Proceedings Allowed by Trial Court Under Section 151 CPC. Execution proceedings dismissed for non-prosecution in 1991 restored in 2003 after four-year delay without condonation; court holds inherent powers cannot be exercised when specific provisions under Order 21 Rules 105 and 106 exist and period of limitation has expired.

20 Oct 2010

The High Court of Bombay at Aurangabad dealt with two civil revision applications filed by the judgment debtors challenging an order of the Civil Judg...

High Court

High Court of Karnataka Quashes Execution Court Order in Land Acquisition Dispute — Defense Estate Officer Succeeds in Setting Aside Ex-Parte Order Due to Lack of Notice. The Court held that the execution court failed to issue notice to the judgment debtor before proceeding with execution, violating principles of natural justice under Order XXI Rule 22 CPC.

20 Aug 2025

The petitioner, The Defense Estate Officer, Karnataka and Goa Circle, filed a writ petition under Articles 226 and 227 of the Constitution of India se...

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