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Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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Madras High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Plaintiff's Claim of Bonafide Purchase Fails as Prior Decree in O.S.No.34 of 1984 Was Binding and Sale Deeds Were Executed During Pendency of Litigation.

The appellant, H.Prema Devakumari, was the unsuccessful plaintiff in a suit for declaration and injunction. She claimed to have purchased plot No.9 fr...

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Bombay High Court Dismisses Petition for Impleadment in Specific Performance Suit — Petitioners Not Necessary or Proper Parties Under Order I Rule 10(2) CPC. Leasehold Rights Acquired Pending Suit Are Subject to Lis Pendens and Do Not Entitle Impleadment.

The petitioners, Sandeep Ramesh Solanki and others, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 1...

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Bombay High Court Allows Husband's Petition Challenging Family Court's Interim Residence Order in Domestic Violence Case. Residence Order Under Section 19 of DV Act Cannot Be Passed as Interim Relief Before Disposal of Main Application Under Section 12.

The petitioner, Mr. Amit Satish Shah, filed a writ petition challenging an order dated 11 March 2013 passed by the Family Court. The Family Court had ...

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High Court of Karnataka Enhances Interim Maintenance for Wife Under Hindu Marriage Act, 1955 — Husband's Income and Lifestyle Considered. The Court held that interim maintenance must reflect the husband's earning capacity and standard of living, not merely the wife's needs.

The petitioner, Smt. Pratibha Singh, wife of the respondent Vineet Kumar, filed a writ petition under Article 227 of the Constitution of India challen...

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Bombay High Court Allows Impleadment and Sets Aside Ex-Parte Order in Service Charges Dispute. Applicant Company Held to be Necessary Party as Successor-in-Interest of Defendant Firm Under Order 1 Rule 10 CPC.

The petitioners, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a suit (Suit No. 6117 of 2007) against M/s. Kishore Engineering Co. (res...

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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...