Search Results for "Ex-Parte Order"

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Search Results for "Ex-Parte Order"

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High Court

Madras High Court Allows Appeal in Mortgage Suit, Holds That Equitable Mortgage by Deposit of Title Deeds Is Valid and That Guarantors Are Jointly and Severally Liable for Principal Debt and Interest. The court decreed the suit for recovery of Rs.83,88,020.45 with 12% interest per annum on Rs.56,80,101.59 from the date of suit till realization, and passed a preliminary mortgage decree for sale of the mortgaged properties.

12 Feb 2026

The plaintiff, Coimbatore Capital Ltd., a trading member of the National Stock Exchange, filed a suit against two defendants, M.Ramasamy (since deceas...

Supreme Court

Supreme Court Dismisses Special Leave Petition Challenging High Court's Setting Aside of Ex Parte Decree in Specific Performance Suit. High Court's Intervention Under Article 227 Upheld as Ex Parte Decree Was Nullity Due to Non-Appointment of Guardian for Minor Defendant Under Order XXXII Rule 3 CPC, Despite Defendants' Negligence and Delay.

16 Jul 2021

The dispute originated from a suit for specific performance of a sale agreement, where the plaintiffs obtained an ex parte decree against the defendan...

Supreme Court

Supreme Court Allows Appeal and Restores Possession Based on Setting Aside of Ex Parte Decree — Suppression of Material Facts Leads to Quashing of Demarcation and Contempt Orders

15 Apr 2019

The Supreme Court allowed the appeals filed by Om Prakash Ram against the State of Bihar and others, setting aside the orders of the Patna High Court ...

Supreme Court

Supreme Court Expunges Adverse Remarks Against Commissioner State Excise in Liquor Licence Dispute. High Court's Directions to Act Properly and Anticipatory Stay Held Unwarranted.

7 Jan 2019

The Supreme Court dealt with two sets of appeals arising from a Bombay High Court judgment concerning liquor licence holders in Mumbai suburbs. The ap...

High Court

Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

7 Aug 2018

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

High Court

Bombay High Court Allows Husband to Amend Written Statement Based on Foreign Divorce Decree and Permits Withdrawal of Consent to Mutual Divorce. The Court held that amendment under Order 6 Rule 17 CPC is necessary for just adjudication and that consent under Section 13B of Hindu Marriage Act can be withdrawn unilaterally before decree.

22 Jan 2018

The petitioner-husband, Vishal Nitinkumar Kondhia, and the respondent-wife, Jahnvi Vishal Kondhia, were parties to matrimonial proceedings before the ...

High Court

Bombay High Court Allows Writ Petition, Restores Trial Court Order Rejecting Application Under Order 9 Rule 13 CPC. Decree Passed Under Order 8 Rule 10 CPC for Failure to File Written Statement Cannot Be Set Aside Under Order 9 Rule 13; Proper Remedy Is Appeal.

12 Mar 2015

The petitioner, Ashok Kundalrai Mohekar, was the owner of suit premises occupied by respondent Nos. 1 and 2 (National Textile Corporation Ltd.) as ten...

High Court

High Court of Karnataka Dismisses Revision Petition Against Order Allowing Condonation of Delay in Filing Appeal — Limitation Act Section 5 Application Allowed on Costs. The court upheld the trial court's discretion to condone a delay of about 12 years in filing an appeal against a decree in a suit for permanent injunction, finding no jurisdictional error under Section 115 CPC.

5 Jan 2015

The petitioner, Mr. M Rathnavarma Padival, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging an orde...

High Court

Bombay High Court Allows Landlord's Petition in Landlord-Tenant Dispute — Substituted Service Upheld Under Order 5 Rule 20 CPC. Exparte Decree Restored as Tenant Failed to Show Sufficient Cause for Non-Appearance.

7 Jun 2011

The case involves a landlord-tenant dispute over a room in Mumbai. The original petitioner (landlord) filed a suit for possession against the original...

High Court

Bombay High Court Allows Landlords' Writ Petition in Rent Control Eviction Case — Ex Parte Decree Restored. Tenant Failed to Show Sufficient Cause for Absence Under Order 9 Rule 13 CPC; Decree for Possession on Grounds of Default, Subletting, and Profiteering Under Bombay Rent Act Upheld.

12 Jul 2010

The petitioners, landlords of the suit premises, filed a suit for possession against the tenant (respondent no.1) and alleged subtenants (respondent n...

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