Search Results for "ex-parte decree"

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Search Results for "ex-parte decree"

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High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

14 Nov 2017

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...

High Court

Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

30 Aug 2016

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

High Court

High Court of Karnataka Dismisses KSRTC's Revision Against Execution of Foreign Decree — Foreign Judgment Not Challenged on Merits, Execution Proceeding Valid Under Section 13 CPC. The court held that a foreign decree is conclusive unless set aside by the foreign court, and objections to its validity cannot be raised in execution proceedings.

14 Jul 2023

The Karnataka State Road Transport Corporation (KSRTC) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) ch...

High Court

Bombay High Court Allows Appeal Against Dismissal of Application to Set Aside Ex-Parte Decree — Decree Set Aside on Condition of Costs. Ex-parte decree set aside as defendant had sufficient cause for absence and application was maintainable under Order IX Rule 13 CPC.

22 Jun 2005

The appellant, original defendant No.2, suffered an ex-parte decree dated 12.11.2003 for want of filing a written statement. He filed a notice of moti...

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 Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

20 Feb 2014

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...

High Court

Bombay High Court Upholds Condonation of Delay in Setting Aside Ex-Parte Decree in Partition Suit — Liberal Approach Justified by Sufficient Cause and Prejudice Avoidance. The court held that the Trial Court's discretion to condone delay under Section 5 of the Limitation Act, 1963, read with Order IX Rule 13 CPC, was not perverse and did not warrant interference under Section 115 CPC.

18 Nov 2025

The case arises from a partition suit filed by Hiraman Nivrutti Tupe (Applicant No.1) against his father, mother, and brothers, including Ratan Nivrut...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal in Hindu Marriage Act Case — Failure to Prove Cruelty or Desertion After Decree of Restitution of Conjugal Rights. Court holds that mere non-compliance with restitution decree does not automatically entitle husband to divorce under Section 13(1-A)(ii) of Hindu Marriage Act, 1955 without proof of additional grounds.

14 Oct 2014

The appellant-husband, Arun Marathe, filed an appeal against the judgment and decree of the Family Court, Aurangabad, dismissing his petition for divo...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

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