Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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High Court

High Court of Karnataka Allows Writ Petitions Challenging Execution Court Order in Suit for Specific Performance - Decree Holder's Application for Possession Through Commissioner Dismissed as Executing Court Cannot Go Beyond Decree. Executing Court Cannot Order Delivery of Possession When Decree for Specific Performance Does Not Specifically Direct Possession Under Order 21 Rule 35 CPC.

30 Jul 2015

The petitioners, legal representatives of the original plaintiff N.H. Shivamurthy, filed writ petitions under Article 227 of the Constitution of India...

Supreme Court

Supreme Court Upholds NCDRC Decision: Execution Cannot Proceed Against Directors/Promoters Not Party to Original Consumer Complaint Decree

12 Jan 2026

The Supreme Court upheld the NCDRC's dismissal of execution applications against directors/promoters of ACIPL, holding that execution must strictly co...

High Court

Bombay High Court Dismisses Appeal Against Probate of Will, Upholds Trial Court's Finding of Due Execution and Attestation. Will dated 4 July 1993 held validly executed under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

22 Oct 2018

The appeal arose from a judgment and order dated 9 June 2016 of the Bombay High Court disposing of Testamentary Suit No. 28 of 1995, which sought prob...

High Court

Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

15 Apr 2024

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

High Court

Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

18 Oct 2016

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

High Court

High Court of Karnataka Allows Revision Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Decree Holder Entitled to Possession After Court Sale Confirmation. The court held that once a court auction sale is confirmed, the purchaser has a right to delivery of possession under Order 21 Rule 95 CPC, and the executing court cannot dismiss such application.

30 Apr 2014

The petitioner, the decree holder in O.S.No.222/1996, had obtained a money decree against the respondent for Rs.1,15,500/-. In execution proceedings (...

Tribunals

National Consumer Disputes Redressal Commission Allows Execution Appeals in Consumer Dispute Over Flat Possession — Directions Issued for Compliance Under Sections 25 and 27 of Consumer Protection Act, 1986. The decree holder is entitled to pursue both execution remedies simultaneously without being compelled to elect between them.

7 Aug 2025

The case involves execution appeals filed by the decree holder, Kishore Bhardwaj, against a common order dated 11.09.2024 of the State Consumer Disput...

High Court

Bombay High Court Allows Amendment in Execution Application to Correct Property Description. Executing Court Has Power to Allow Amendment Under Section 152 CPC to Align Execution with Decree.

7 Oct 2015

The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession o...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

High Court of Karnataka Dismisses KSRTC's Revision Against Execution of Foreign Decree — Foreign Judgment Not Challenged on Merits, Execution Proceeding Valid Under Section 13 CPC. The court held that a foreign decree is conclusive unless set aside by the foreign court, and objections to its validity cannot be raised in execution proceedings.

14 Jul 2023

The Karnataka State Road Transport Corporation (KSRTC) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) ch...

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