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Bombay High Court Dismisses Petition Challenging Refusal to Stay Appeal Pending Application to Set Aside Ex-Parte Decree. Explanation to Order 9 Rule 13 CPC Does Not Confer Automatic Right to Stay; Conduct of Defendants Justified Refusal.

The petitioners, original defendants in a suit for specific performance of contract, challenged an order of the Principal District and Sessions Judge,...

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Bombay High Court Dismisses Management's Petition Challenging School Tribunal Order for Payment of Six Months' Salary to Temporary Teacher. Termination of Temporary Teacher Upheld as Not Illegal, but Compensation Granted Under Section 11(2)(e) of MEPS Act for Non-Compliance with Section 5.

The petitioner, Rajashree Shikshan Sanstha, a school management, challenged the judgment dated 13.12.2016 of the School Tribunal, Nagpur, in Appeal No...

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Bombay High Court Dismisses Judgment Debtor's Challenge to Executing Court's Order Allowing Deposit of Balance Consideration in Specific Performance Suit. The court held that the Executing Court has power to permit deposit beyond the decree's time limit when delay is unintentional and no stay is granted.

The petitioner, Ruprao Nagorao Zade, was the judgment debtor in a suit for specific performance of an agreement to sell agricultural land. The suit wa...

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Bombay High Court Dismisses Revision Against Execution Proceedings in Partition Suit — Decree Holder's Right to Execute Decree Not Barred by Limitation or Res Judicata. Execution Application Filed Within 12 Years Under Article 136 of Limitation Act, 1963 is Maintainable.

The petitioners, who were judgment-debtors in a partition suit, filed a Civil Revision Application challenging the order dated 16th April 2004 passed ...

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Bombay High Court Allows Second Appeal in Injunction Suit Involving Lis Pendens Transfer. Transfer of Suit Property During Pendency of Appeal Attracts Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882.

The respondent filed a suit for injunction against Mohd.Osman, which was decreed on 1.4.2006. Mohd.Osman appealed on 15.4.2006. During the pendency of...

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Bombay High Court Allows Execution Petition in Limitation Dispute — Decree Merger with Appellate Decree Determines Starting Point for Article 136 Limitation Act, 1963. Doctrine of merger applied to hold that limitation for execution runs from date of appellate decree, not trial court decree.

The case involves a writ petition under Article 227 of the Constitution of India challenging an order of the executing court dismissing the petitioner...

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Bombay High Court Dismisses Revision Against Order Setting Aside Ex-Parte Decree in Suit for Possession and Mesne Profits. Court Holds That Sufficient Cause for Setting Aside Ex-Parte Decree Must Be Liberally Constructed Under Order 9 Rule 13 CPC.

The present civil revision application arises from an order passed by the trial court setting aside an ex-parte decree. The petitioners, who were the ...