Search Results for "pendente lite transfer"

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Search Results for "pendente lite transfer"

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Supreme Court

Supreme Court Dismisses Appeals by Decree Holder's Legal Representatives in Partition Execution Dispute — Remand for Fresh Consideration Upheld. Pendente lite transferee held entitled to maintain application under Order XXI Rule 99 CPC to challenge execution as time-barred under Article 136 of Limitation Act, 1963.

17 Oct 2024

The dispute arises from a partition suit (O.S.No.38 of 1956) filed by Padmakshy before the Sub Court, Parur, seeking partition and separate possession...

High Court

Bombay High Court Dismisses Tenants' Revision Against Execution of Eviction Decree by Transferee Landlord. Transferee Pendente Lite Held Entitled to Execute Decree Under Order 22 Rule 10 CPC.

21 Jul 2014

The present Civil Revision Application was filed by the tenants (applicants) challenging the order dated 27/28.11.2008 passed by the Appellate Bench o...

High Court

Bombay High Court Allows Petition Challenging Revenue Minister's Order Setting Aside Mutation Entry Based on Gift Deed Under Mohammedan Law. Court holds that oral gift with delivery of possession is valid under Mohammedan law and revenue authorities can incidentally determine religious faith for mutation purposes.

30 Aug 2024

The petitioner, Rajiv S. Somani, claimed ownership of a beach house and undivided share in lands at Alibaug based on a gift deed dated 21st November 2...

High Court

High Court of Karnataka Allows Petition Challenging Impleadment Order in Specific Performance Suit — Purchaser Pendente Lite Not a Necessary Party Under Order 1 Rule 10 CPC. Doctrine of Lis Pendens Binds Transferee to Decree, Making Impleadment Unnecessary.

30 May 2013

The petitioner, Sri T.S. Mahadevaiah, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 17.1.20...

High Court

Bombay High Court Allows Appeal Against Refusal of Ad-Interim Injunction in Property Dispute — Holds That Trial Court Must Consider Documents Prima Facie and That Section 52 of Transfer of Property Act Does Not Substitute Injunction

27 Sep 2016

The appellant, Durga Bearing (Mumbai) Pvt. Ltd., filed an appeal against the order of the City Civil Court, Dindoshi, Mumbai, dated 10 August 2016, wh...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

Supreme Court

Supreme Court Allows Appeals Against Condonation of 586-Day Delay and Grant of Leave to Appeal to Pendente Lite Purchasers in Specific Performance Suit. The Court held that subsequent purchasers who purchased property during pendency of suit and in violation of injunction cannot claim bona fide status and have no right to appeal after their impleadment application was rejected and became final.

1 Jan 2025

The case involves appeals by the original plaintiffs (H. Anjanappa & Ors.) against an order of the Karnataka High Court condoning a delay of 586 days ...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance — Transfer of Property Act, 1882 Section 52 Does Not Bar Transfer Pendente Lite, But Purchaser Must Be Heard Before Final Decree. The court held that a subsequent purchaser of suit property is a necessary and proper party under Order 1 Rule 10 CPC, and amendment of plaint under Order 6 Rule 17 CPC to incorporate subsequent events should be allowed.

9 Oct 2014

The appeal arises from a suit for specific performance of an agreement to sell a property. The original plaintiffs (appellants) filed Suit No.1241 of ...

Supreme Court

Supreme Court Allows Impleadment of Purchaser Pendente Lite in Property Suit — Assignment of Interest During Pendency Entities Assignee to Continue Suit Under Order XXII Rule 10 CPC. The Court held that a bona fide purchaser of suit property during litigation cannot be ousted by a collusive withdrawal of the suit by the original plaintiff's legal heirs.

4 Oct 2019

The Supreme Court dismissed an appeal against the High Court's order allowing impleadment of a purchaser (JCS) as plaintiff in a pending suit. The ori...

High Court

Bombay High Court Allows Appeal in Ejectment Suit — Plaintiff Entitled to Vacant Possession as Licensee's Possession Becomes Unlawful After Transfer. The court held that the defendants, who were originally licensees of the previous owner, cannot deny the title of the plaintiff-transferee and must deliver possession.

13 Jul 2010

The appellant, Smt. Sarita Gopalkumar Chand, filed a suit for ejectment and vacant possession of suit plot No.253 in CRS III Scheme, NIT Middle Precin...

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