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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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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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Bombay High Court Dismisses Revision Against Refusal to Review Execution Order in Specific Performance Decree. Decree Holder's Failure to Deposit Balance Consideration Within Reasonable Time Leads to Satisfaction of Decree by Payment of Earnest Money.

The case involves a Civil Revision Application challenging an order of the executing court refusing to review its earlier order by which execution pro...

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High Court of Karnataka Dismisses Petition Seeking Stay of Divorce Proceedings Pending Nullity Petition Under Section 10 CPC. Nullity and Divorce Petitions Under Hindu Marriage Act, 1955 Involve Distinct Matters in Issue, Hence Section 10 CPC Stay Not Applicable.

The petitioner husband and respondent wife were married on 17 June 2010. The petitioner filed M.C. No. 43/2013 under Section 12 of the Hindu Marriage ...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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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 by Obstructionists in Execution of Possession Decree — Upholds Order for Removal of Obstruction Under Order XXI Rule 97 CPC. Decree for possession passed in 1964 suit; obstructionists claiming independent title failed to prove possession prior to decree.

The appeal arose from an order in Chamber Summons No. 597 of 1996 in B.C.C.C. Suit No. 2056 of 1964, decided by the City Civil Court on 24.4.1998. The...