Search Results for "Consent decree"

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Search Results for "Consent decree"

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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...

Supreme Court

Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

1 Jan 2023

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Amendment in Final Decree Proceedings — Inclusion of Joint Family Property Permitted Under Order 6 Rule 17 CPC. The court held that final decree proceedings are a continuation of the suit and amendment to include inadvertently omitted joint family property is permissible to avoid multiplicity of suits.

7 Jul 2015

The petitioner, Smt. Janaki, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 17.08.2012 passed by the ...

High Court

Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Co-Owners. Court upholds trial court's discretion to grant temporary injunction restraining alienation of jointly owned properties pending suit for partition and permanent injunction.

29 Jan 2013

The petitioner, Akhil Mansuklal Mehta, and the respondent, Sheetal Deepak Karamchandani, jointly purchased three properties between 1996 and 1998: (1)...

High Court

Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

9 Jun 2025

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

High Court

Bombay High Court Dismisses Debtors' Motion to Set Aside Insolvency Notice in Consent Decree Dispute. Failure to Pay Agreed Amount by Stipulated Date Renders Debtors Liable for Full Decretal Amount Under Presidency Towns Insolvency Act, 1909.

13 Aug 2010

The petitioning creditor, Videocon Industries Ltd., filed Suit No. 1891 of 2000 against M/s Akar Laminators and the two judgment debtors, V.T. Seth & ...

High Court

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.

7 Apr 2017

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

High Court

High Court of Bombay at Goa Adjudicates Writ Petitions Against Dismissal of Amendment Applications in Civil Suit. Dispute Involves Plea of Fraud in Consent Decree and Applicability of Procedural Bars under the Code of Civil Procedure, 1908.

4 Oct 2016

The judgment arises from three writ petitions challenging a common order dated 30.10.2015 passed in Special Civil Suit No. 89/2006/B by the Civil Judg...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Final Decree Proceedings — Upholds Allotment of Shares as per Commissioner’s Report. Appellant’s Contention That He Is Entitled to Constructed Portion of Joint Property Rejected as Such Plea Was Not Raised During the Suit or First Appeal, and Final Decree Must Conform to Preliminary Decree.

16 Feb 2024

The matter pertained to a regular second appeal before the High Court of Karnataka arising from final decree proceedings in a partition suit. The orig...

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