High Court of Karnataka Hears First Appeals Against Dismissal of Partition Suit. Multiple Appellants Challenge Judgment in O.S. No. 1949/1980 Dismissing Suit for Partition and Separate Possession.
1 Mar 2013...
Search Results for "Decree satisfaction"
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High Court
High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.
8 Dec 2005The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...
- 18
High Court
Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.
9 Sep 2014The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...
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Supreme Court
Supreme Court Dismisses Appeal in Partition Suit, Upholding High Court's Decision on Share Entitlement and Appellate Jurisdiction. The court held that in a partition suit, parties' positions are interchangeable, allowing appellate relief to non-appealing plaintiffs under Order XLI Rule 4 and Rule 33 of the Code of Civil Procedure, 1908, and that second appeals can address factual issues if findings are perverse.
21 Feb 2022The appeal arose from a partition suit filed by plaintiff Nos. 1 to 8 (respondent Nos. 1 to 8) against defendant No. 1 (appellant) regarding shares in...
- 328
High Court
Bombay High Court Dismisses Husband's Appeal Against Divorce by Mutual Consent — Consent Once Given Cannot Be Unilaterally Withdrawn Without Just Cause Under Hindu Marriage Act, 1955. The court upheld the Family Court's decree of divorce by mutual consent despite the husband's subsequent withdrawal, holding that the Family Court had correctly found the consent to be free and voluntary.
6 May 2011The appeal arose from a divorce petition filed by the wife on the ground of cruelty. During pendency, the parties executed consent terms on 6 October ...
- 58
High Court
High Court of Karnataka Dismisses Appeals Against Execution Court Order in Property Dispute — Upholds Dismissal of Application to Set Aside Auction Sale for Lack of Material Irregularity. Execution Court's Refusal to Set Aside Sale Under Order XXI Rule 90 CPC Upheld as No Substantial Injury Was Proved.
7 Sep 2023The case involves two Regular First Appeals (RFA No. 100051/2021 and RFA No. 100140/2021) filed before the High Court of Karnataka, Dharwad Bench, aga...
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High Court
High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity.
10 Feb 2017The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civ...
- 76
High Court
Bombay High Court Dismisses Revision Against Eviction Decree in Landlord-Tenant Dispute — Bona Fide Need for Hotel Business Established. Landlord's son's need for premises to start hotel business held genuine and reasonable under Section 16 of Maharashtra Rent Control Act, 1999.
22 Feb 2013The case arises from a civil suit filed by the respondents (original plaintiffs) against the applicants (original defendants) for possession of suit p...
- 67
High Court
Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.
22 Dec 2023The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...
- 12
Supreme Court
Supreme Court Dismisses Landlords' Appeal in Rent Control Eviction Case Due to Insufficient Evidence of Danger to Tenanted Portions. Eviction Decrees Set Aside as Municipal Demolition Notice and Other Grounds Under Sections 15 and 16 of Maharashtra Rent Control Act, 1999 Were Not Satisfactorily Proven.
30 Jan 2024The dispute involved landlords appealing against a Bombay High Court judgment that invalidated eviction decrees against two tenants under the Maharash...
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