Search Results for "Delivery of possession"

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Search Results for "Delivery of possession"

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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

Madras High Court Allows Writ Petition of Auction Purchaser Against Bank for Delivery of Possession Under SARFAESI Act. Bank's Failure to Hand Over Vacant Possession After Sale Confirmation Constitutes Dereliction of Duty Enforceable Under Article 226.

5 Jun 2026

The petitioner, Vijayanand Srinivasan, an auction purchaser, filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

High Court

Madras High Court Allows Revision Petition Filed by Judgment Debtors Against Execution Orders Passed During Pendency of Appeal with Delay Condonation Application. Executing Court's Orders Set Aside and Possession Restored as Execution Proceedings Were Premature and Without Jurisdiction.

24 Feb 2026

The present Civil Revision Petition was filed by the petitioners, who were defendants in O.S.No.54 of 2010 on the file of the Subordinate Court, Valli...

High Court

Bombay High Court Dismisses Revision Against Order for Possession Under Order XXI Rule 95 CPC — Auction Purchaser Entitled to Delivery of Property from Judgment Debtors After Confirmation of Sale.

12 Sep 2018

The applicants, original judgment debtors, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an o...

High Court

High Court of Karnataka Dismisses Appeal in Property Suit, Upholds Trial Court Decree for Declaration, Possession, and Mesne Profits. Vendor-Purchaser Dispute: Non-delivery of possession after sale deed execution leads to decree for possession and mesne profits.

1 Jun 2018

The case involves a Regular First Appeal filed by defendant Nos.1 and 2 (Kullappa and Muniyellappa) against the judgment and decree dated 11.04.2003 i...

High Court

High Court of Karnataka Allows Writ Petitions Challenging Execution Court Order in Suit for Specific Performance - Decree Holder's Application for Possession Through Commissioner Dismissed as Executing Court Cannot Go Beyond Decree. Executing Court Cannot Order Delivery of Possession When Decree for Specific Performance Does Not Specifically Direct Possession Under Order 21 Rule 35 CPC.

30 Jul 2015

The petitioners, legal representatives of the original plaintiff N.H. Shivamurthy, filed writ petitions under Article 227 of the Constitution of India...

High Court

Bombay High Court Dismisses Second Appeal in Property Possession Dispute — Gift Deed and Possession Delivery Not Proved. Concurrent findings of fact upheld; plaintiff failed to prove valid gift under Transfer of Property Act, 1882.

9 Apr 2010

The second appeal arose from a suit for possession filed by the respondent (plaintiff) against his brother (defendant) in 1978. The plaintiff claimed ...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Gift Deed Void for Lack of Acceptance and Possession. The court held that a gift deed executed by a husband in favor of his second wife without acceptance and delivery of possession is void under Section 122 of the Transfer of Property Act, 1882, and the property remains joint family property subject to partition.

10 Jun 2022

The case involves a partition suit filed by Rakhamabai (first wife) and Ushabai (daughter) against Subhadrabai (second wife) and others. The deceased ...

High Court

High Court of Karnataka Allows Auction Purchaser's Writ Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Limitation Period Computed from Date of Confirmation of Sale, Not from Date of Sale Certificate. The court held that the application for delivery of possession filed within one year from the date of confirmation of sale is within limitation under Article 134 of the Limitation Act, 1963.

24 Mar 2014

The petitioner, Abdul Ubedulla, was the auction purchaser in a court sale conducted in execution of a decree in O.S. No. 123/1999 on the file of the P...

High Court

High Court of Karnataka Allows Revision Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Decree Holder Entitled to Possession After Court Sale Confirmation. The court held that once a court auction sale is confirmed, the purchaser has a right to delivery of possession under Order 21 Rule 95 CPC, and the executing court cannot dismiss such application.

30 Apr 2014

The petitioner, the decree holder in O.S.No.222/1996, had obtained a money decree against the respondent for Rs.1,15,500/-. In execution proceedings (...

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