Search Results for "inexecutable decree"

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Search Results for "inexecutable decree"

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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

Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

9 Jan 2026

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...

High Court

High Court of Karnataka Dismisses Civil Revision Petition for Abatement Due to Failure to Implead Legal Representatives of Deceased Respondent. Delay of 5637 days in seeking substitution not condoned as no sufficient cause shown, resulting in abatement of appeal against deceased respondent.

27 Jan 2025

The petitioner, Sri K.K. Monnappa, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated ...

High Court

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

9 Jul 2024

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

High Court

Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

1 Jul 2024

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

High Court

High Court of Bombay at Nagpur Examines Executability of Compromise Decree in Eviction Suit under Maharashtra Rent Control Act. The court considers whether a compromise that does not refer to specific eviction grounds creates a fresh tenancy requiring new proceedings.

27 Jul 2022

The respondent-landlord filed a suit against the petitioner-tenants seeking eviction under Section 16(1)(e)(ii) and (g) of the Maharashtra Rent Contro...

Supreme Court

Supreme Court Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

High Court

Bombay High Court Dismisses Decree Holders' Challenge to Executing Court's Order Permitting Objector to Lead Evidence in Execution Proceedings. Executing Court Has Discretion to Allow Oral Evidence Under Order 21 Rule 105 CPC When Objector Raises Substantial Questions Regarding Executability of Decree.

10 Apr 2019

The petitioners, decree holders, filed two writ petitions challenging identical orders passed by the Court of Joint Civil Judge, Senior Division, Nagp...

High Court

Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Executing Court’s Order on Unsigned Decree; Upholds Broad Interpretation of ‘Successor’ Under Order 20 Rule 8 CPC. Court rules that the word ‘successor’ in Order 20 Rule 8 of Code of Civil Procedure includes remote successors, not just immediate successor, and delay in raising the objection amounted to waiver.

10 Oct 2017

The dispute arose from an eviction decree passed on 11 September 2003 in Regular Civil Suit No. 107 of 2002 by a Civil Court at Nagpur. The decree dir...

High Court

High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

17 Jul 2013

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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