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Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Execution of Possession Decree in Landlord-Tenant Dispute. Repeated objections to execution of decree for possession of two rooms rejected as abuse of process under Order 21 Rule 35 of Code of Civil Procedure, 1908.

The petitioner, Warna Valley Sahkari Kharedi Vikri Society Limited, was the tenant of the respondents in a suit property. The respondents filed Regula...

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High Court of Karnataka Dismisses Ex-Husband's Petition in Execution of Maintenance Decree for Muslim Divorced Wife. Court Emphasizes Expeditious Execution of Maintenance Decrees and Lamented Two-Decade Delay.

The case involves a writ petition filed by Ezazur Rehman, the ex-husband, challenging an order on I.A.No.10 passed by the I Additional Principal Famil...

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High Court of Kerala Considers Substitution of Decree Holder in Execution Proceedings Without Prior Permission from Transferor Court. Dispute Centered on Application of Section 146 CPC and Explanation to Order XXI Rule 16 After Death of Original Decree Holder in Math Succession Litigation.

The proceedings arose from a protracted dispute between a Guru and Shishya concerning the spiritual and temporal administration of Sree Kashi Matha Sa...

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Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

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Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

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Bombay High Court Allows Appeal Against Conversion Date in Execution of Foreign Currency Decrees Under Section 44-A CPC. Relevant Date for Conversion Held to Be Date of Foreign Decree, Not Date of Enforceability After Removal of Stay.

The appeals arose from execution proceedings to enforce foreign costs decrees obtained by the respondents (Ananda Bazar Patrika Limited and Aveek Sark...