Search Results for "section 47 CPC"

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Search Results for "section 47 CPC"

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High Court

Bombay High Court Allows Execution Petition Despite Small Causes Court Decree Alleged Without Jurisdiction — Executing Court Cannot Go Behind Decree Under Section 47 CPC. The executing court dismissed the darkhast on the ground that the decree was passed without jurisdiction, but the High Court held that the executing court cannot go behind the decree and must execute it as it is.

2 Aug 2006

The petitioners, decree holders, obtained a decree dated 14.7.1991 in R.C.S. No. 638/94 from the 2nd Additional Small Causes Court, Nagpur. They filed...

High Court

Bombay High Court Dismisses Revision Against Executing Court's Order in Partition Execution — No Jurisdictional Error Found. Executing Court Cannot Go Behind Decree and Objections Under Order 21 Rule 90 CPC Must Be Raised Before Sale Confirmation.

27 Apr 2006

The case arises from a partition suit (Partition Suit No.945 of 1968) filed by the heirs of Bachhusingh, who died intestate on 24-11-1964, concerning ...

High Court

Bombay High Court Allows Revision Against Execution Proceedings in Mortgage Suit — Decree Holder's Assignee Need Not Prove Legal Heirship Under Order 21 Rule 16 CPC. The Court Held That the Executing Court Cannot Go Behind the Decree to Examine the Validity of Assignment.

1 Oct 2013

The present Civil Revision Application arises from execution proceedings in a mortgage suit. The original decree holder, Kalubai, obtained a decree an...

High Court

Bombay High Court Allows Appeal in Execution Proceedings — Determines Correct Decretal Amount Under Arbitral Award. Court holds that the executing court has jurisdiction to determine the correct amount due under a decree when the judgment debtor seeks clarification, and remands the matter for computation.

9 Oct 2013

The appeal arises from an order of a learned Single Judge dated 20 March 2013 on a Chamber Summons taken out by the Appellant (National Bank of Agricu...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Execution Court Order in Land Dispute. Court holds that objections under Section 47 of CPC cannot be raised after 30 years of decree and that execution court cannot go behind the decree.

11 Jun 2013

The petitioners, legal representatives of the original decree holder Rukmini Pandurang Prabhu Alvekar, filed a writ petition under Article 227 of the ...

High Court

Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

10 May 2013

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

High Court

High Court of Karnataka Quashes Execution Court Order Restricting Eviction Decree to 1500 sft. — Decree-Holder Entitled to Possession of Entire Demised Premises Including 150 sft. Staircase Area. Execution Court Cannot Modify Decree by Excluding Part of Demised Premises Based on Alleged Admission in Execution Proceedings.

8 Feb 2021

The petitioners, as decree-holders in Execution Petition No. 457/2020, filed a writ petition under Article 227 of the Constitution of India challengin...

High Court

Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

6 Sep 2005

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

High Court

Bombay High Court Dismisses Revision Against Execution of Injunction Decree — Judgment Debtor Cannot Challenge Decree Validity in Execution Proceedings Under Section 47 CPC After 11 Years. The court held that objections under Section 47 CPC are limited to executability and cannot be used to re-agitate issues already decided in the suit.

21 Jun 2005

The case arose from Regular Civil Suit No. 711 of 1981 filed by the respondents (decree holders) against the petitioners (judgment debtors) seeking a ...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Execution Decree in Property Suit — Held that Execution Court Cannot Go Behind Decree and Must Execute It as It Is. Objections Regarding Fraud and Transfer of Property Must Be Raised in Suit or Appeal, Not in Execution Proceedings Under Section 47 CPC.

30 Nov -0001

The petitioner, Sukumar Estates Ltd. (now Kumar Housing Corporation Limited), filed a writ petition under Article 227 of the Constitution of India cha...

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