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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.

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

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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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 Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Bombay High Court Dismisses Second Appeal in Suit for Specific Performance — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert Under Section 68 of Evidence Act, 1872.

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Court Holds That Isolated Instances of Abnormal Behavior Without Medical Evidence Do Not Constitute Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

This appeal arises from a judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the marriage between the appell...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree in Cruelty Case, Sets Aside Dissolution of Marriage. Husband's Petition for Nullity on Ground of Fraud Dismissed as Suicidal Tendency Not Concealed.

The case involves an appeal by the wife against the judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the m...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which c...