Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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High Court

High Court Adjudicates on Official Liquidator's Report on Claims of Secured Creditors in Company Liquidation. Distribution of Sale Proceeds from Assets of Company Under Liquidation Determined Based on Debts Recovery Tribunal Order.

7 Jun 2011

The matter concerned the winding up of Maharashtra Explosives Ltd., a company incorporated under the Companies Act, 1956. By order dated 12-8-2001, th...

High Court

Bombay High Court Dismisses Execution Application by Decree Holder in Summary Suit Due to Lack of Jurisdiction After Decree Holder Became Financial Institution. Court holds that post-decree notification as financial institution under DRT Act divests civil court of execution jurisdiction, requiring decree holder to approach Debt Recovery Tribunal for recovery certificate under Section 31A of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

16 Apr 2015

The case involves an execution application filed by SICOM Limited (the decree holder) against Naresh Chandra Malhotra and others (judgment debtors) to...

High Court

High Court of Karnataka Allows Writ Petition in Execution Dispute — Quashes Order Dismissing Execution Petition as Not Maintainable. Withdrawal of Earlier Execution Petition Without Liberty Does Not Bar Fresh Execution Under Order XXI Rule 2 CPC.

12 Aug 2020

The writ petition was filed by the judgment-debtors (petitioners) challenging an order dated 19.04.2017 passed by the LII Additional City Civil and Se...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution Proceedings and Possession Warrants in Suit for Specific Performance. Third-party purchasers cannot resist execution of decree for specific performance when they purchased property during pendency of suit without obtaining leave of court under Order XXI Rule 97 CPC.

22 Sep 2025

The present writ petition was filed by M/s. Prembrothers Infrastructure LLP and M/s. DJ Sons Hospitality (the petitioners) challenging the execution p...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Not Applicable When Subsequent Suit Relates to Different Property. Decree Holders' Right to Possession Upheld as Judgment Debtor's Application for Stay Was Based on a Suit Involving Different Subject Matter, Constituting Abuse of Process.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession and mesne profits in O.S. No. 3/1971 (later renumbered O.S. No. 79/2003) against the...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Execution Proceedings Order in Eviction Case — Upholds Trial Court's Discretion to Appoint Commissioner for Possession Delivery Under Order 21 Rule 35 CPC. The High Court held that the trial court's order appointing a commissioner to deliver possession did not suffer from any jurisdictional error or perversity warranting interference under Article 227 of the Constitution.

29 Mar 2019

The petitioners, original defendants in a suit, challenged an order dated 06/05/2018 passed by the Civil Judge, Panaji in Execution Proceedings. The t...

High Court

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.

29 Oct 2013

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

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

High Court

Bombay High Court Dismisses Judgment Debtors' Revision Against Execution Decree in Land Possession Case — Order XXII Rule 2 CPC Application Rejected as Death of Decree Holder Occurred After Decree, No Abatement. The court held that Order XXII Rule 2 applies only to pending suits, not execution proceedings, and the death of a decree holder after decree does not cause abatement.

3 Feb 2014

The case involves a Civil Revision Application filed by the judgment debtors (applicants) against an order of the Civil Judge, Junior Division, Chalis...

High Court

Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Execution of Possession Decree in Landlord-Tenant Dispute. Repeated objections to execution of decree for possession of two rooms rejected as abuse of process under Order 21 Rule 35 of Code of Civil Procedure, 1908.

26 Mar 2015

The petitioner, Warna Valley Sahkari Kharedi Vikri Society Limited, was the tenant of the respondents in a suit property. The respondents filed Regula...

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