Search Results for "Ex-parte Decree"

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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 Reverses High Court Order Condoning 1312-Day Delay in Setting Aside Exparte Decree for Specific Performance. Delay Not Explained and Application Found to be an Afterthought.

3 Mar 2025

The case arises from a suit for specific performance of a sale agreement executed in 2013. The plaintiff (appellant) agreed to purchase property joint...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Rejection of Condonation of Delay in Filing First Appeal Against Exparte Decree. Delay of 30 months and 14 days not sufficiently explained; fraud allegation not substantiated.

30 May 2022

The Petitioner, Shamrao Piraji Kadam, filed a Writ Petition challenging the Judgment and Order dated 20.07.2021 passed by the learned District Judge-6...

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...

High Court

Bombay High Court Partially Allows Restoration of Exparte Order in Unfair Labour Practice Case — Condition of 50% Deposit Set Aside. Industrial Court's conditional setting aside of exparte judgment under Section 50 of MRTU & PULP Act, 1971 modified to unconditional restoration due to lack of justification for deposit condition.

24 Apr 2019

The petitioner, Dileep Balkrishna Nevatia, challenged an order dated 05/04/2017 passed by the Member of the Industrial Court, Nagpur, which conditiona...

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

High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right.

6 Mar 2014

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

Bombay High Court Dismisses Landlord's Revision Against Setting Aside of Exparte Decree in Rent Control Case. Tenant's Application Under Order 9 Rule 13 CPC Allowed Due to Improper Service of Summons.

24 Mar 2006

The case involves a civil revision application filed by the landlord, Shailesh Sudhir Joglekar, against the judgment and order dated 26th February 199...

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