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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Dismisses Appeal Against Consent Decree as Not Maintainable Under Section 96(3) CPC. Appeal Against Consent Terms Recorded Under Order 23 Rule 3 CPC Is Barred by Law.

The case involves an appeal filed by Girja Shankar G. Gupta and others against an order of a learned Single Judge of the Bombay High Court dated 18 Ju...

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High Court of Karnataka Allows Appeal in Permanent Injunction Suit Based on Compromise Between Parties. The court set aside the trial court's dismissal and disposed of the appeal in terms of the compromise, with the amended written statement forming part of the decree.

The appellants, Janaki Venkat and Kantheti Venkat, filed a Regular First Appeal under Section 96 read with Order XLI Rules 1 and 2 of the Code of Civi...

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Bombay High Court Dismisses Criminal Contempt Petition for Lack of Prima Facie Case. Allegations of Creating Third-Party Rights and Obtaining Consent Decree Without Disclosing Pending Proceedings Do Not Constitute Criminal Contempt Under Section 2(c) of the Contempt of Courts Act, 1971.

The case involves a criminal contempt petition filed by Dr. Ramesh D. Pandit and another (original plaintiffs) against Smt. Janabai and others (origin...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Allows Tax Appeal in Family Settlement Capital Gains Case — Reopening Under Section 147/148 Invalid Due to Change of Opinion and Limitation. Consent Decree Approved by Civil Court Held to Be a Bona Fide Family Arrangement Not Attracting Capital Gains Tax.

The case involves a tax appeal by the Power of Attorney holder of Lorna Margaret Pinto, a Non-Resident Indian, against the Assistant Commissioner of I...

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Bombay High Court Dismisses Tenant's Writ Petition in Rent Default and Subletting Case — Concurrent Findings of Fact Not Disturbed Under Article 227. Consent Decree Rent Treated as Standard Rent; Subletting Proved by Documentary Evidence.

The petitioner, a partnership firm, was a tenant in a building owned by the respondents. The building was demolished and reconstructed, and the tenant...

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High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

The appellant-plaintiff, Sangramappa, filed a suit for partition and separate possession of suit schedule A, B and C properties against his mother (fi...

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Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order.

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the...