Search Results for "Execution petition maintainability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Execution petition maintainability"

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High Court

High Court of Karnataka Allows Legal Heirs to Continue Execution Without Succession Certificate in Specific Performance Decree. Succession Certificate Not Required Under Order 22 Rule 12 CPC and Section 214 of Indian Succession Act, 1925 for Continuing Execution Proceedings Initiated by Deceased Decree Holder.

22 Oct 2019

The petitioners, legal heirs of the deceased decree holder Mallikarjun Koujalgi, filed a writ petition challenging the order dated 23.08.2018 passed b...

High Court

Madras High Court Allows Obstructor's Revision Petition in Eviction Execution — Order XXI Rule 99 CPC Application Maintainable Despite Prior Removal of Obstruction Order. Court holds that an obstructor dispossessed during execution can maintain an application under Order XXI Rule 99 CPC to establish independent rights, and such application cannot be rejected at SR stage on maintainability grounds.

9 Jan 2026

The revision petitioner, M.M. Babu, filed a civil revision petition under Article 227 of the Constitution of India challenging the order dated 17.09.2...

High Court

Bombay High Court Allows Unsuccessful Party's Section 9 Petition in Arbitration Dispute — Maintainability Upheld After Supreme Court's Home Care Retail Marts Judgment. The court held that a losing party can seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, overruling the earlier Division Bench decision in Dirk India.

6 May 2026

The judgment arises from a Commercial Arbitration Petition filed by Oil and Natural Gas Corporation Limited (ONGC) against Larsen & Toubro Limited (L&...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

14 Dec 2016

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

High Court

High Court of Karnataka Hears Challenge to Arbitrator's Interlocutory Order on Summoning of Documents. Court Considers Maintainability of Writ Petitions Against Interlocutory Orders Under Articles 226 and 227 in Light of SBP & Co. v. Patel Engineering.

16 Mar 2023

The dispute arose between Dodballapur Integrated Textile Park Limited and the claimants, Vinod G. Jain and Premalatha G. Jain, under a sub-lease agree...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Rescission Application in Execution Proceedings for Specific Performance Decree. Legal representatives of judgment debtor failed to demonstrate grounds for rescission of agreement of sale under Order 21 Rule 35 of CPC, 1908.

20 Jul 2026

The petitioners, legal representatives of late Daulatrao Nitnaware, filed a writ petition challenging an order dated 25.11.2025 passed by the learned ...

High Court

High Court of Karnataka Dismisses Petitioner's Writ Petition Challenging Execution Court Order in Permanent Injunction Case — Decree for Bare Injunction Cannot Be Executed After Road Construction Without Mandatory Injunction or Possession Relief.

12 Apr 2016

The petitioner, Kareppa, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an order dated 23 March 2015 passed ...

High Court

Bombay High Court Allows Execution of Decree Despite Delay in Filing Execution Application Under Article 136 of Limitation Act, 1963 — Judgment Debtor Cannot Resist Execution After Participating in Proceedings and Failing to Object to Maintainability. The court held that the judgment debtor, by participating in execution proceedings without raising the plea of limitation at the threshold, waived the right to object, and the executing court erred in dismissing the execution application as time-barred.

5 Apr 2017

The petitioner, Balasaheb Gulabrao Salunke, filed a Writ Petition under Article 227 of the Constitution of India challenging the order passed by the C...

High Court

Bombay High Court Allows Letters Patent Appeal in Cooperative Housing Society Dispute — Maintainability Upheld as Dispute Not Between Landlord and Tenant. The Court distinguished the Supreme Court's ruling in Shalini Shyam Shetty v. Rajendra Shankar Patil, holding that the bar on Letters Patent Appeals under Article 227 applies only to landlord-tenant disputes under the Rent Control Act, 1999.

28 Oct 2010

The appellant, Ramchandra Krushnarao Pitale, an 87-year-old pensioner, filed a Letters Patent Appeal against the judgment and order dated 15.6.2009 pa...

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

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