Search Results for "decree silent"

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Search Results for "decree silent"

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High Court

Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

2 Apr 2026

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

High Court

Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

30 Jul 2024

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

High Court

Bombay High Court Allows Writ Petition Challenging Execution Proceedings for Recovery of Loan Amount — Interest Rate Discrepancy Between Decree and Contract Renders Execution Invalid. The execution application claimed interest at 21% per annum while the decree specified 6% per annum from the date of suit till realization, violating Section 34 CPC and Order 21 Rule 11 CPC.

18 Jun 2019

The petitioner, Rajesh Kishan Khanaj, was the original judgment debtor in a suit filed by the Federal Bank Limited for recovery of a term loan of Rs.1...

High Court

Bombay High Court Allows Second Appeal in Muslim Co-heirs Partition Dispute, Remands for Fresh Consideration on Regranted Property and Res Judicata Issues. The court held that a suit for partition of shares of Muslim co-heirs is maintainable and regranted property can be partitioned, but remanded for fresh findings on res judicata and the nature of regranted property.

6 Oct 2018

The case involves a second appeal arising from a partition suit filed by Gafur Bapu Patel (original plaintiff) against his co-heirs, seeking separatio...

High Court

Bombay High Court Allows Decree Holder's Writ Petition Against Obstruction by Third Party in Execution Proceedings — Order 21 Rule 97 CPC. Objection by brother of judgment-debtor claiming independent possession held to be abuse of process where decree of eviction under Section 6 of Specific Relief Act had been confirmed by Supreme Court.

31 Aug 2018

The petitioner, Kailashchandra Agrawal, obtained a decree of eviction against respondent No.1 (Kochaveedu Varghese Joseph) in Special Civil Suit No.51...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Auction Sale Under Maharashtra Co-operative Societies Act — Auction Purchaser Not Entitled to Set Aside Sale After Confirmation and Payment. Court Held That Once Sale Is Confirmed and Title Passes, the Sale Cannot Be Set Aside Merely Because of Irregularities, and the Remedy of the Judgment Debtor Is to Claim Damages, Not to Annul the Sale.

6 Apr 2018

The judgment pertains to a batch of writ petitions filed by auction purchasers and judgment debtors challenging the auction sale of a sugar factory co...

High Court

Bombay High Court Allows Writ Petition for Possession Under Specific Performance Decree — Executing Court Erred in Rejecting Application for Possession After Sale Deed Execution. The Court held that once a sale deed is executed in execution of a decree for specific performance, the decree-holder is entitled to possession under Order 21 Rule 35 CPC, and the Executing Court cannot go behind the decree.

9 Jul 2014

The petitioner, Ramchandra Guja Rewatkar, filed a writ petition challenging an order of the Executing Court that rejected his application for possessi...

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